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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 02/04/2026 has been entered.
Response to Amendment
Claims 1, 2, 9-12, 14-18, 20-26 and 28-29 remain(s) pending in the application. Applicant's amendments to Claims are responsive to the rejections previously set forth in the Patent Board Decision - Examiner Affirmed mailed 12/19/2025, hereinafter Decision.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 as being unpatentable over Maier; Anton US 20160084280 A1, hereinafter Maier, in view of LE DREN ARNAUD et al. FR 3029587 A1, hereinafter Le Dren_2, have been fully considered but are not persuasive. Specifically, the argument (Pg 9 Ln 17-18) that the cited references either alone or in combination do not recite the limitations recited in the claims, is not accurate. It is noted that the claim has been amended to add additional structures. However, these structures are further found within the modified device of Maier/Le Dren_2.
Applicant’s arguments, with respect to the rejection(s) of claim(s) 25 under 35 U.S.C. 103 as being unpatentable over Maier, in view of Whitaker, James S. et al. US 20040187491 A1, hereinafter Whitaker, have been fully considered but are not persuasive. Specifically, the argument (Pg 9 Ln 17-18) that the cited references either alone or in combination do not recite the limitations recited in the claims, is not accurate. It is noted that the claim has been amended to add additional structures. However, these structures are further found within the modified device of Maier/Whitaker.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 25-26 and 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 25 Ln 16 states: “a pilot operated check valve is arranged in the flushing branch”. The specification and drawings disclose a flushing branch (115) comprising a valve (116) depicted as a spring loaded check valve; a flushing branch (215) comprising a valve (216) depicted as a spring loaded check valve; and a flushing branch (115) comprising a valve (120) depicted/disclosed as a pressure-reducing valve. No where is depicted or described ‘a pilot operated valve arranged in the flushing branch’. Therefore, this amendment/limitation is considered new matter.
Claims 26 and 21 are rejected for their dependence upon claim 25.
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.
Claim 29 is 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.
Claim 29 Ln 18 states: “the first inlet”. This limitation lacks antecedent basis and it is unclear to which previous term it is referring. Therefore, the scope of the claim is indeterminate. For examination, the limitation has been interpreted as --the first [[inlet]] outlet--.
Claim 29 Ln 20 states: “the second inlet”. This limitation lacks antecedent basis and it is unclear to which previous term it is referring. Therefore, the scope of the claim is indeterminate. For examination, the limitation has been interpreted as --the second [[inlet]] outlet--.
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 of this title, 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.
Claims 1-2, 9-12, 14-18, 20, 22-24 and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Maier; Anton US 20160084280 A1, hereinafter Maier, in view of LE DREN ARNAUD et al. FR 3029587 A1, hereinafter Le Dren_2 (EPO machine-generated English language translation relied upon for textual portions). Maier and Le Dren_2 are considered analogous art to the claimed invention because the references are from the same field of endeavor as the claimed invention (hydraulic actuator systems with case drains); or the reference is reasonably pertinent to the problem faced by the inventor (treatment of fluid properties within a hydraulic circuit (filtering, cooling…)). MPEP2141.01(a) I.
Regarding claim 1, Maier discloses (Fig. 1) an electro-hydrostatic actuation system for driving a hydraulic actuator, comprising:
a container (66, [0040]) for providing hydraulic liquid (Abstract states hydraulic);
a high pressure circuit (44/46) to direct the hydraulic liquid to a hydraulic actuator (22);
a low pressure circuit (depicted lines immediately connected to (66)) having multiple branches (plurality of lines depicted branching from low pressure circuit);
a main pump (12) for hydraulic liquid arranged in the high pressure circuit;
the main pump comprising a housing having a high pressure section and a low pressure section, separated by sealing gaps ([0033] states the pump may be of at least the piston pump type which fundamentally comprises a housing within which are section(s) at high pressure and section(s) at low pressure separated by seals, whereby leakage occurs from the high pressure section(s) to the low pressure section(s) via sealing gaps), wherein the high pressure section comprises a first outlet (18) and a second outlet (20) to provide the hydraulic liquid flow in the high pressure circuit; and wherein the low pressure section comprises a leakage outlet (depicted outlet connected to line (67));
an electric motor (16) driving the main pump;
a leakage branch (67) connecting the hydraulic leakage outlet of the low pressure section of the housing of the main pump to the low pressure circuit;
a first control branch (depicted line comprising (62)) including a third end (depicted right end of first control branch) connected to the low pressure circuit and a fourth end (depicted left end of first control branch) connected to the first outlet (18); and
a first control valve (62) arranged between the third end and the fourth end, the first control valve being connected to the high pressure system (as depicted (62) is between the third and fourth ends, and (62) is fluidly connected to the high pressure system (44/46)).
Maier fails to explicitly state that the leakage branch has arranged wherein an additional pump; and a flushing branch connecting a flushing inlet of the low pressure section of the housing of the main pump to the low pressure circuit, and having a hydraulic connection with the leakage branch, wherein the flushing branch comprises a first end fluidly connected to the flushing inlet, a second end, and a unidirectional check valve arranged between the first end and the second end. Instead, Maier discloses an embodiment which has an additional pump but not on the leakage branch and no flushing branch.
Le Dren_2 discloses (Fig. 1) an electro-hydrostatic actuation system for driving a hydraulic actuator, comprising:
a source (8) for providing hydraulic liquid;
a high pressure circuit (10);
a low pressure circuit (6);
a main pump (4) for the hydraulic liquid arranged in the high pressure circuit (Ln 111-118 states that machine (4) may operate as a pump or a motor);
the main pump comprising a housing having a high pressure section and a low pressure section, separated by sealing gaps (pumps fundamentally comprises a housing within which are section(s) at high pressure and section(s) at low pressure), wherein the high pressure section comprises a first outlet (depicted top port of (4)); and wherein the low pressure section comprises a leakage outlet (depicted outlet connected to valve (38), Ln 60-62);
a leakage branch (36) connecting the hydraulic leakage outlet of the low pressure section of the housing of the main pump to the low pressure circuit (Ln 136-140) , wherein an additional pump (40) is arranged; and
a flushing branch (32-34) connecting a flushing inlet (depicted inlet of (4) connected to (34)) of the low pressure section of the housing of the main pump to the low pressure circuit (Ln 128-140 discloses connecting an inlet of the pump (4) casing/housing to the low pressure circuit), and having a hydraulic connection (30) with the leakage branch (Ln 128-140 discloses the (32-34) having a hydraulic connection with (30)),
wherein the flushing branch comprises a first end (at the flushing inlet, or approximately (4/34)) fluidly connected to the flushing inlet, a second end (end approximate (6/30)) , and a unidirectional check valve (32) arranged between the first end and the second end (Ln 128-140 states (32) a unidirectional check valve, is arranged in the (32-34) flushing branch) for the purpose of circulating fluid thereby protecting the integrity of the pump (Ln 136-153).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Maier, by providing the additional pump on the leakage branch and a flushing branch, as taught by Le Dren_2, for the purpose of protecting the integrity of the pump.
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To further clarify the modification, the flushing branch of Le Dren_2 is applied to Maier, between the flushing inlet/main pump (4) and the low pressure circuit (6). This further results in the third end of the first control branch, already located at the low pressure circuit, to also be located at the second end.
Regarding claim 2, Maier discloses (Fig. 1) a first valve (60) and a second valve (62) separating the high pressure circuit from the low pressure circuit [0040].
Regarding claim 3, Maier discloses (Fig. 1) the first valve (60) and the second valve (62) are check valves or control valves [0040].
Regarding claim 9, LeDren_2 discloses (Fig. 1) the additional pump has a delivery volume larger than a leakage volume of the main pump occurring in the low pressure section of the housing of the main pump (Ln 184-186 discloses the delivery volume output from the pump greater than the amount of volume available at the inlet (the leakage volume) of the pump thereby creating a vacuum).
Regarding claim 10, LeDren_2 discloses (Fig. 1) an additional valve (38) is arranged in hydraulic connection with the leakage branch (36), before the additional pump (40), and having a hydraulic connection with the low-pressure circuit (Ln 128-140, depicted as connected to (6)).
Regarding claim 11, LeDren_2 discloses (Fig. 1) a filter unit (44) having a hydraulic connection with the leakage branch (36) to filter the hydraulic liquid volume delivered through the additional pump (40, Ln 128-140).
Regarding claim 12, LeDren_2 discloses (Fig. 1) a cooling unit (42) having a hydraulic connection with the leakage branch (36) to cool down or heat up the hydraulic liquid volume delivered through the additional pump (40,Ln 128-140).
Regarding claim 14, Maier discloses (Fig. 1) the electric motor has a variable speed and the main pump has a constant volume [0033], or the electric motor has a constant speed and the main pump is a variable displacement pump, or the electric motor has a variable speed and the main pump is a variable displacement pump.
Regarding claim 15, LeDren_2 discloses (Fig. 1) the additional pump is operatively configured to controls the pressure in the low pressure section of the housing of the main pump (Ln 156-160).
Regarding claim 16, LeDren_2 discloses an operative pressure difference between the pressure in the low pressure circuit and the low pressure section of the housing of the main pump does not fall below a predefined value (Ln133-136 discloses a pressure difference between the low pressure circuit and the low pressure section of the housing, Ln 156-160 states that the pressure difference is variable and dependent upon the speed of the additional pump.
Furthermore, this claim’s language describes a manner in which the apparatus is intended to be used, but does not provide any structural distinction thereof. Stated another way, this claim merely describes a function of manner in which the apparatus is to be operated. As this claim is directed towards an apparatus and the claim’s language does not further limit the previously stated apparatus of claim 1, no further structural limitation is captured/required of the reference(s). Therefore, the modified device if Maier/LeDren_2, being capable thereof reads upon this claim as there are no further structural limitations.
Regarding claim 17, LeDren_2 discloses the predefined value of the pressure difference between the pressure in the low pressure circuit and the low pressure section of the housing of the main pump is in a range from 0.2 to 20 bar (Ln 133-136 discloses a pressure difference between the low pressure circuit and the low pressure section of the housing, Ln 156-160 states that the pressure difference is variable and dependent upon the speed of the additional pump).
Furthermore, this claim’s language describes a manner in which the apparatus is intended to be used, but does not provide any structural distinction thereof. Stated another way, this claim merely describes a function of manner in which the apparatus is to be operated. As this claim is directed towards an apparatus and the claim’s language does not further limit the previously stated apparatus of claim 1, no further structural limitation is captured/required of the reference(s). Therefore, the modified device if Maier/LeDren_2, being capable thereof reads upon this claim as there are no further structural limitations.
Regarding claim 18, LeDren_2 discloses (Fig. 1) an operative pressure in the low pressure section of the housing of the main pump is defined by a difference between a flow of the additional pump and a leakage flow deriving from the sealing gaps separating the high pressure section from the low pressure section of the housing of the main pump and a hydraulic resistance in the flushing branch (Ln 184-186 discloses the delivery volume output from the pump greater than the amount of volume available at the inlet (the leakage volume) of the pump thereby creating a vacuum, thereby defining a difference between the flows and resulting operative pressure).
Regarding claim 20, Maier discloses (Fig. 1) the hydraulic actuator is selected from a group consisting of a hydraulic cylinder, a double-rod or synchronous cylinder (22), a pivoting drive, a hydraulic rotary drive and/or a differential cylinder.
Regarding claim 22, LeDren_2 discloses the predefined value of the pressure difference between the pressure in the low pressure circuit and the low pressure section of the housing of the main pump is in a range from 0.5 to 10 bar (Ln 133-136 discloses a pressure difference between the low pressure circuit and the low pressure section of the housing, Ln 156-160 states that the pressure difference is variable and dependent upon the speed of the additional pump).
Furthermore, this claim’s language describes a manner in which the apparatus is intended to be used, but does not provide any structural distinction thereof. Stated another way, this claim merely describes a function of manner in which the apparatus is to be operated. As this claim is directed towards an apparatus and the claim’s language does not further limit the previously stated apparatus of claim 1, no further structural limitation is captured/required of the reference(s). Therefore, the modified device if Maier/LeDren_2, being capable thereof reads upon this claim as there are no further structural limitations.
Regarding claim 23, Le Dren_2 discloses the predefined value of the pressure difference between the pressure in the low pressure circuit and the low pressure section of the housing of the main pump is in a range from 1 to 5 bar (Ln 133-136 discloses a pressure difference between the low pressure circuit and the low pressure section of the housing, Ln 156-160 states that the pressure difference is variable and dependent upon the speed of the additional pump).
Furthermore, this claim’s language describes a manner in which the apparatus is intended to be used, but does not provide any structural distinction thereof. Stated another way, this claim merely describes a function of manner in which the apparatus is to be operated. As this claim is directed towards an apparatus and the claim’s language does not further limit the previously stated apparatus of claim 1, no further structural limitation is captured/required of the reference(s). Therefore, the modified device if Maier/LeDren_2, being capable thereof reads upon this claim as there are no further structural limitations.
Regarding claim 24, Maier fails to explicitly state that the electric motor is a servo-motor and the main pump is static, or the electric motor is a constant-motor and the main pump is a variable displacement pump, or the electric motor is a servo-motor and the main pump is a variable displacement pump.
Since applicant has not disclosed that having a particular motor type /pump type combination solves any stated problem or is for any particular purpose, and it appears that the variable speed motor and constant volume main pump combination, of Maier would perform equally well with the motor type /pump type combination as claimed by applicant, it would have been an obvious matter of design choice to further modify the variable speed motor and constant volume main pump combination of the Maier by utilizing the motor type /pump type combination as claimed for the purpose of directing liquid into the high pressure circuit.
Regarding claim 28, Maier discloses (Fig. 1) a second control branch (depicted line comprising (60)) including a fifth end (depicted right end of second control branch) connected to the low pressure circuit (and as modified above by Le Dren_2, the second end) and a sixth end (depicted left end of second control branch) connected to the second outlet (20); and
a second control valve (60) arranged between the fifth end and the sixth end, the second control valve being connected to the high pressure system (as depicted (60) is between the fifth and sixth ends, and (60) is fluidly connected to the high pressure system (44/46)).
Regarding claim 29, Maier discloses (Fig. 1) an electro-hydrostatic actuation system for driving a hydraulic actuator, comprising:
a container (66, [0040]) for providing hydraulic liquid (Abstract states hydraulic);
a high pressure circuit (44/46) to direct the hydraulic liquid to a hydraulic actuator (22);
a low pressure circuit (depicted lines immediately connected to (66)) having multiple branches (plurality of lines depicted branching from low pressure circuit);
a main pump (12) for hydraulic liquid arranged in the high pressure circuit;
the main pump comprising a housing having a high pressure section and a low pressure section, separated by sealing gaps ([0033] states the pump may be of at least the piston pump type which fundamentally comprises a housing within which are section(s) at high pressure and section(s) at low pressure separated by seals, whereby leakage occurs from the high pressure section(s) to the low pressure section(s) via sealing gaps), wherein the high pressure section comprises a first outlet (18) and a second outlet (20) to provide the hydraulic liquid flow in the high pressure circuit; and wherein the low pressure section comprises a leakage outlet (depicted outlet connected to line (67));
an electric motor (16) driving the main pump;
a leakage branch (67) connecting the hydraulic leakage outlet of the low pressure section of the housing of the main pump to the low pressure circuit;
a first control branch (depicted line comprising (62)) connecting the low pressure circuit to the first outlet (18), the first control branch comprising a second valve (62) and being connected to the high pressure system (as depicted (62) is located on the first control branch between the low pressure circuit and (18) and is fluidly connected to the high pressure system (44/46)); and
a second control branch (depicted line comprising (60)) connecting the low pressure circuit to the second outlet (20), the second control branch comprising a third valve (60) and being connected to the high pressure system (as depicted (60) is located on the second control branch between the low pressure circuit and (20) and is fluidly connected to the high pressure system (44/46)).
Maier fails to explicitly state that the leakage branch has arranged wherein an additional pump; and a flushing branch connecting a flushing inlet of the low pressure section of the housing of the main pump to the low pressure circuit, and having a hydraulic connection with the leakage branch, wherein the flushing branch comprises a first end fluidly connected to the flushing inlet, a second end, and a first valve. Instead, Maier discloses an embodiment which has an additional pump but not on the leakage branch and no flushing branch.
Le Dren_2 discloses (Fig. 1) an electro-hydrostatic actuation system for driving a hydraulic actuator, comprising:
a source (8) for providing hydraulic liquid;
a high pressure circuit (10);
a low pressure circuit (6);
a main pump (4) for the hydraulic liquid arranged in the high pressure circuit (Ln 111-118 states that machine (4) may operate as a pump or a motor);
the main pump comprising a housing having a high pressure section and a low pressure section, separated by sealing gaps (pumps fundamentally comprises a housing within which are section(s) at high pressure and section(s) at low pressure), wherein the high pressure section comprises a first outlet (depicted top port of (4)); and wherein the low pressure section comprises a leakage outlet (depicted outlet connected to valve (38), Ln 60-62);
a leakage branch (36) connecting the hydraulic leakage outlet of the low pressure section of the housing of the main pump to the low pressure circuit (Ln 136-140) , wherein an additional pump (40) is arranged; and
a flushing branch (32-34) connecting a flushing inlet (depicted inlet of (4) connected to (34)) of the low pressure section of the housing of the main pump to the low pressure circuit (Ln 128-140 discloses connecting an inlet of the pump (4) casing/housing to the low pressure circuit), and having a hydraulic connection (30) with the leakage branch (Ln 128-140 discloses the (32-34) having a hydraulic connection with (30)),
wherein the flushing branch comprises a first end (at the flushing inlet, or approximately (4/34)) fluidly connected to the flushing inlet, a second end (end approximate (6/30)), and a first valve (32) (Ln 128-140 states (32) a unidirectional check valve, is arranged in the (32-34) flushing branch) for the purpose of circulating fluid thereby protecting the integrity of the pump (Ln 136-153)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Maier, by providing the additional pump on the leakage branch and a flushing branch, as taught by Le Dren_2, for the purpose of protecting the integrity of the pump.
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To further clarify the modification, the flushing branch of Le Dren_2 is applied to Maier, between the flushing inlet/main pump (4) and the low pressure circuit (6). This further results in the first/second control branch, already located at the low pressure circuit/second end and the first/second outlet of the main pump.
Allowable Subject Matter
Claims 21, 25 and 26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 21, 25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Maier, in view of Whitaker, James S. et al. US 20040187491 A1, hereinafter Whitaker. Whitaker is considered analogous art to the claimed invention because the reference is from the same field of endeavor as the claimed invention (hydraulic actuator systems with case drains); or the reference is reasonably pertinent to the problem faced by the inventor (treatment of fluid properties within a hydraulic circuit (filtering, cooling…)). MPEP2141.01(a) I.
Regarding claim 25, Maier discloses (Fig. 1) an electro-hydrostatic actuation system for driving a hydraulic actuator, comprising:
a container (66, [0040]) for providing hydraulic liquid (Abstract states hydraulic);
a high pressure circuit (44/46) to direct the hydraulic liquid to a hydraulic actuator (22);
a low pressure circuit (depicted lines immediately connected to (66)) having multiple branches (plurality of lines depicted branching from low pressure circuit);
a main pump (12) for hydraulic liquid arranged in the high pressure circuit;
the main pump comprising a housing having a high pressure section and a low pressure section, separated by sealing gaps ([0033] states the pump may be of at least the piston pump type which fundamentally comprises a housing within which are section(s) at high pressure and section(s) at low pressure separated by seals, whereby leakage occurs from the high pressure section(s) to the low pressure section(s) via sealing gaps), wherein the high pressure section comprises a first outlet (18) and a second outlet (20) to provide the hydraulic liquid flow in the high pressure circuit; and wherein the low pressure section comprises a leakage outlet (depicted outlet connected to line (67));
an electric motor (16) driving the main pump;
a leakage branch (67) connecting the hydraulic leakage outlet of the low pressure section of the housing of the main pump to the low pressure circuit, wherein an additional pump (84) is arranged.
Maier fails to explicitly state that a flushing branch connecting a flushing inlet of the low pressure section of the housing of the main pump to the high pressure circuit, and having a hydraulic connection with the leakage branch, wherein a valve is arranged in the flushing branch. Instead, Maier discloses an embodiment which has an additional pump but not on the leakage branch and no flushing branch.
Whitaker, James S. et al. US 20040187491 A1, hereinafter Whitaker, discloses (Fig. 2) an electro-hydrostatic actuation system for driving a hydraulic actuator, comprising:
a container (92) for providing hydraulic liquid;
a high pressure circuit (83/84);
a low pressure circuit (88);
a main pump (81/85) for hydraulic liquid arranged in the high pressure circuit;
the main pump comprising a housing having a high pressure section and a low pressure section, separated by sealing gaps (pumps fundamentally comprises a housing within which are section(s) at high pressure and section(s) at low pressure), wherein the high pressure section comprises a first outlet (depicted top port of (81/85)); and wherein the low pressure section comprises a leakage outlet (depicted outlet connected to line (88));
a leakage branch (depicted portion of (88) connected to (96)) connecting the hydraulic leakage outlet of the low pressure section of the housing of the main pump to the low pressure circuit; and
a flushing branch (depicted portion of (88) connected to (90/99)) connecting a flushing inlet (depicted inlet of (81/85) connected to (90/99)) of the low pressure section of the housing of the main pump to the high pressure circuit, and having a hydraulic connection (via at least the container (92) and or pump (86)) with the leakage branch, wherein a unidirectional check valve is arranged in the flushing branch (99, as stated in [0025] performs the same function as a spring biased check valve in that fluid is only permitted in one direction therethrough when a pressure downstream of the valve exceeds a preset value) for the purpose of circulating fluid thereby protecting the integrity of the pump (protecting integrity by cooling and filtering [0025]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Maier, by providing the flushing branch, as taught by Whitaker, for the purpose of protecting the integrity of the pump.
Maier further fails to disclose the unidirectional check valve is arranged in the flushing branch is a pilot operated check valve.
Withstanding the formalities/rejections listed previously, Claim 25 contains allowable subject matter. The prior art does not anticipate nor render obvious the combination set forth in the independent claim, and specifically does not show the claimed pilot operated check valve. Although Whitaker discloses unidirectional check valve, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Maier/Whitaker to incorporate the details of the check valve as a pilot operated check valve, along with the other claimed components of the electro-hydrostatic actuation system. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the independent claim.
Claims 26 and 21 are dependent upon claim 25.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/MATTHEW WIBLIN/ Examiner, Art Unit 3745