DETAILED ACTION
Claims 1 , 3-11 and 13-22 are pending, claims 7 and 8 being withdrawn and claims 2 and 12 have been cancelled.
This action is in response to the amendment filed 12/1/2025.
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 .
Response to Arguments
Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive.
Applicant’s argument that the valve 306 does not block flow as recited in the newly filed amendments. This is not persuasive, since the device, fluidly communicates the one or more second pressure control lines to the first functional system and the second functional system and block flow from the one or more first pressure control lines to the first functional system and the second functional system in the second position (in Figure 3, the valve would be shifted to the center position and this will block flow from the first pressure lines to the first and second functional systems which are within the piston cylinder below the valve 306, col. 8, lines 6-12); and fluidly communicate the one or more first pressure control lines to the first functional system and the second functional system and block flow from the one or more second pressure control lines to the first functional system and the second functional system in the third position (in Figure 3, the valve would be shifted to the right position, as shown in Fig. 3, and this will block flow from the second pressure lines to the first and second functional systems which are within the piston cylinder below the valve 306, col. 8, lines 21-26).
As the valve shifts to the second and third position the passage of flow from above is blocked to the flow below the valve and into the cylinder chambers below.
Applicant argues that the modification of Hejda to use a hydraulic supply would result in a substantial redesign and therefore is not obvious to one of ordinary skill in the art.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the pressure operated system found in Boehringer is used to modify the electrically operated system for the three-position spool valve in Hejda and provides in order to the flight control surface to be operated in a more efficient manner with less hydraulic flow being required ( Boehringer, col.1, lns. 60-62) that provide flight proven, very reliable technology for numerous types of aircraft (Boehringer, col.8, lns. 45-64), or in the case of Tsutsui, since it has been held that an express suggestion to substitute one equivalent component or process (the pressure control moving system, for moving a spring return spool valve, for an electrical moving system, for moving a spring return spool valve) for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). The combination would yield the predictable result of moving the valve.
Since applicant’s arguments are not persuasive, the action has been made Final.
Election/Restrictions
Applicant’s election without traverse of species I, figures 1-3, in the reply filed on 3/13/2025 is acknowledged. Claims 7 and 8 being withdrawn as reading on a non-elected embodiment having more than one biasing member biasing the transfer valve.
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 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.
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.
Claim 22 is rejected under 35 U.S.C. 102a1 as being anticipated by Hejda (US 8172174).
Regarding claim 22, Hejda discloses a system (see Fig. 3), comprising:
a first controllable valve (328 on left) configured to output a control pressure on one or more first pressure control lines (lines from 320-2 to 336-2);
a second controllable valve (328 on right) configured to output a control pressure on one or more second pressure control lines (lines from 320-1 to 336-1);
a transfer valve (306) in fluid communication with the first controllable valve and the second controllable valve, wherein the transfer valve is configured to move between a first position, a second position, and a third position (first, second, third psotions,col.7, lns. 54-col.8, lns 37), wherein the transfer valve is configured to:
fluidly communicate the one or more first pressure control lines to a first functional system (left chamber in 126, this is being interpreted in the broadest reasonable interpretation) and the one or more second pressure control lines to a second functional system (right chamber in 126, this is being interpreted in the broadest reasonable interpretation) in the first position;
fluidly communicate the one or more second pressure control lines to the first functional system and the second functional system and block flow from the one or more first pressure control lines to the first functional system and the second functional system in the second position (in Figure 3, the valve would be shifted to the center position and this will block flow from the first pressure lines to the first and second functional systems which are within the piston cylinder below the valve 306, col. 8, lines 6-12); and
fluidly communicate the one or more first pressure control lines to the first functional system and the second functional system and block flow from the one or more second pressure control lines to the first functional system and the second functional system in the third position (in Figure 3, the valve would be shifted to the right position, as shown in Fig. 3, and this will block flow from the second pressure lines to the first and second functional systems which are within the piston cylinder below the valve 306, col. 8, lines 21-26); and
a transfer control system (controller box upper left connected to 334 for valve 306) configured to control a position of the transfer valve between the first, second, and third position (first, second, third positions,col.7, lns. 54-col.8, lns 37).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1,3-6,9-11,13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hejda (US 8172174) in view of Boehringer (US 6796526).
Regarding claim 1, Hejda discloses a system (see Fig. 3), comprising:
a first controllable valve (328 on left) configured to output a control pressure on one or more first pressure control lines (lines from 320-2 to 336-2);
a second controllable valve (328 on right) configured to output a control pressure on one or more second pressure control lines (lines from 320-1 to 336-1);
a transfer valve (306) in fluid communication with the first controllable valve and the second controllable valve, wherein the transfer valve is configured to move between a first position, a second position, and a third position (first, second, third psotions,col.7, lns. 54-col.8, lns 37), wherein the transfer valve is configured to: fluidly communicate the one or more first pressure control lines to a first functional system (left chamber in 126, this is being interpreted in the broadest reasonable interpretation) and the one or more second pressure control lines to a second functional system (right chamber in 126, this is being interpreted in the broadest reasonable interpretation) in the first position; fluidly communicate the one or more second pressure control lines to the first functional system and the second functional system and block flow from the one or more first pressure control lines to the first functional system and the second functional system in the second position (in Figure 3, the valve would be shifted to the center position and this will block flow from the first pressure lines to the first and second functional systems which are within the piston cylinder below the valve 306, col. 8, lines 6-12); and fluidly communicate the one or more first pressure control lines to the first functional system and the second functional system and block flow from the one or more second pressure control lines to the first functional system and the second functional system in the third position (in Figure 3, the valve would be shifted to the right position, as shown in Fig. 3, and this will block flow from the second pressure lines to the first and second functional systems which are within the piston cylinder below the valve 306, col. 8, lines 21-26); and
a transfer control system (controller box upper left connected to 334 for valve 306) configured to control a position of the transfer valve between the first, second, and third position (first, second, third positions,col.7, lns. 54-col.8, lns 37).
Hejda discloses all of the features of the claimed invention, including that an electrical solenoid (334, col. 8, lns. 6-9) is used to move the transfer valve (306), and therefore is silent to not using a pressure to move the valve, where, the transfer control system includes at least one transfer control valve, wherein the at least one transfer control valve outputs a transfer control pressure on one or more third pressure control lines, wherein the at least one transfer control valve is in fluid communication with the transfer valve via the one or more third pressure control lines to control a position of the transfer valve via the transfer control pressure on the one or more third pressure control lines.
Boehringer teaches the use of a control valve (at 38, col. 4, lns. 47-60, see Fig. 1), the transfer control system includes at least one transfer control valve (38, wide range of valves including “EHSV” col.4, lns. 52-57), wherein the at least one transfer control valve outputs a transfer control pressure on one or more third pressure control lines, wherein the at least one transfer control valve is in fluid communication with the transfer valve via the one or more third pressure control lines to control a position of the transfer valve via the transfer control pressure on the one or more third pressure control lines (as shown in figure 1, combined with valves 60,62 relies on pressure to move the spool valve 42, having a spring return 46, within 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical solenoid control of Hejda to be a pressure controlled system as taught by Boehringer to have the transfer control system includes at least one transfer control valve, wherein the at least one transfer control valve outputs a transfer control pressure on one or more third pressure control lines, wherein the at least one transfer control valve is in fluid communication with the transfer valve via the one or more third pressure control lines to control a position of the transfer valve via the transfer control pressure on the one or more third pressure control lines, in order to permit the flight control surface to be operated in a more efficient manner with less hydraulic flow being required ( Boehringer, col.1, lns. 60-62) that provide flight proven, very reliable technology for numerous types of aircraft
(Boehringer, col.8, lns. 45-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical solenoid control of Hejda to be a pressure controlled system as taught by Boehringer, as discussed above, since it has been held that an express suggestion to substitute one equivalent component or process (the pressure control moving system, for moving a spring return spool valve, for an electrical moving system, for moving a spring return spool valve) for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). The combination would yield the predictable result of moving the valve.
Regarding claim 3, Hejda discloses the transfer control system further includes a controller (controller box in Fig. 3 being shown to left of pump at top of view) configured to control the at least one transfer control valve (when combined with Boehringer) to change the position of the transfer valve.
Regarding claim 4, Hejda discloses the controller is configured to control the at least one transfer control valve to position the transfer valve in the first position (col. 7, lns. 63-64).
Regarding claim 5, Hejda discloses in a second mode, the controller is configured to control the at least one transfer control valve to position the transfer valve in the second position (col. 8, lns. 15-18).
Regarding claim 6, Hejda discloses in a third mode, the controller is configured to control the at least one transfer control valve to position the transfer valve in the third position (col. 8, lns. 21-26).
Regarding claim 9, Hejda discloses all of the features of the claimed invention, although is silent to the first controllable valve and the second controllable valve are electro-hydraulic servo valves (EHSVs).
Boehringer teaches the use of a control valve (at 38, col. 4, lns. 47-60, see Fig. 1), that is an electro-hydraulic servo valves (EHSVs) (38, wide range of valves including “EHSV” col.4, lns. 52-57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute EHSV valves as taught by Boehringer for the first and second controllable valves of Hejda to have, since it has been held that an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). The combination would yield the predictable result of moving the actuator.
Regarding claim 10, Hejda discloses the first controllable valve the second controllable valve, and the at least one transfer control valve are fluidly connected to one or more input lines to receive an input pressure from a pressure supply (as shown in Fig. 3, two input lines are extending from the pump 302 to both lower circuits 320-1,-2).
Regarding claim 11, Hejda discloses the one or more input lines include a high-pressure line and a return line (in the third position the ports 336-1,2,3,4 communicate, therefore depending on the desired movement of the actuator one line is a high-pressure line and the other line is the return line).
Regarding claim 13, Boehringer discloses the at least one transfer control valve is an EHSV (at 38, col. 4, lns. 47-60, see Fig. 1, wide range of valves including “EHSV” col.4, lns. 52-57).
Regarding claim 14, Boehringer discloses the one or more third pressure control lines include a first transfer EHSV control line (C2) and a second transfer EHSV control line (“R”), wherein the first transfer EHSV control line is fluidly connected to a first portion (near P1 and 44, left side of transfer valve) of the transfer valve and the second transfer EHSV control line is fluidly connected to a second portion (at R right side of transfer valve) of the transfer valve to control a pressure differential across the transfer valve to control the position of the transfer valve.
Regarding claim 21, Hejda further discloses, wherein the first functional system and the second functional system each include a plurality of actuators (as shown in Figure 1, ailerons 106 is operated by 126 which has 2 actuators to move the aileron).
Claim(s) 1,3-6,10,11,13 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hejda (US 8172174) in view of Tsutsui et al. (US 8505292).
The claims being rejected in an alternative manner, should the above rejections not be persuasive.
Regarding claim 1, Hejda discloses a system (see Fig. 3), comprising:
a first controllable valve (328 on left) configured to output a control pressure on one or more first pressure control lines;
a second controllable valve (328 on right) configured to output a control pressure on one or more second pressure control lines;
a transfer valve (306) in fluid communication with the first controllable valve and the second controllable valve, wherein the transfer valve is configured to move between a first position, a second position, and a third position (first, second, third psotions,col.7, lns. 54-col.8, lns 37), wherein the transfer valve is configured to: fluidly communicate the one or more first pressure control lines to a first functional system (left chamber in 126, this is being interpreted in the broadest reasonable interpretation) and the one or more second pressure control lines to a second functional system (right chamber in 126, this is being interpreted in the broadest reasonable interpretation) in the first position; fluidly communicate the one or more second pressure control lines to the first functional system and the second functional system and block flow from the one or more first pressure control lines to the first functional system and the second functional system in the second position (in Figure 3, the valve would be shifted to the center position and this will block flow from the first pressure lines to the first and second functional systems which are within the piston cylinder below the valve 306, col. 8, lines 6-12); and fluidly communicate the one or more first pressure control lines to the first functional system and the second functional system and block flow from the one or more second pressure control lines to the first functional system and the second functional system in the third position (in Figure 3, the valve would be shifted to the right position, as shown in Fig. 3, and this will block flow from the second pressure lines to the first and second functional systems which are within the piston cylinder below the valve 306, col. 8, lines 21-26); and
a transfer control system (controller box upper left connected to 334 for valve 306) configured to control a position of the transfer valve between the first, second, and third position (first, second, third positions,col.7, lns. 54-col.8, lns 37).
Hejda discloses all of the features of the claimed invention, including that an electrical solenoid (334, col. 8, lns. 6-9) is used to move the transfer valve (306), and therefore is silent to not using a pressure to move the valve, where,
the transfer control system includes at least one transfer control valve, wherein the at least one transfer control valve outputs a transfer control pressure on one or more third pressure control lines, wherein the at least one transfer control valve is in fluid communication with the transfer valve via the one or more third pressure control lines to control a position of the transfer valve via the transfer control pressure on the one or more third pressure control lines.
Tsutsui et al. teach the use of a control valve (at 34, col. 3, lns. 45-53, see Fig. 1), the transfer control system includes at least one transfer control valve (34), wherein the at least one transfer control valve outputs a transfer control pressure on one or more third pressure control lines, wherein the at least one transfer control valve is in fluid communication with the transfer valve via the one or more third pressure control lines to control a position of the transfer valve via the transfer control pressure on the one or more third pressure control lines (as shown in figure 2, valve 34 combined with valves 48A,48B with a controller 60, relies on pressure to move the spool valve within 34, with spring returns).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical solenoid control of Hejda to be a pressure controlled system as taught by Tsutsui et al. to have the transfer control system includes at least one transfer control valve, wherein the at least one transfer control valve outputs a transfer control pressure on one or more third pressure control lines, wherein the at least one transfer control valve is in fluid communication with the transfer valve via the one or more third pressure control lines to control a position of the transfer valve via the transfer control pressure on the one or more third pressure control lines, since it has been held that an express suggestion to substitute one equivalent component or process (the pressure control moving system, for moving a spring return spool valve, for an electrical moving system, for moving a spring return spool valve) for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). The combination would yield the predictable result of moving the valve.
Regarding claim 3, Hejda discloses the transfer control system further includes a controller (controller box in Fig. 3 being shown to left of pump at top of view) configured to control the at least one transfer control valve (when combined with Boehringer) to change the position of the transfer valve.
Regarding claim 4, Hejda discloses the controller is configured to control the at least one transfer control valve to position the transfer valve in the first position (col. 7, lns. 63-64).
Regarding claim 5, Hejda discloses in a second mode, the controller is configured to control the at least one transfer control valve to position the transfer valve in the second position (col. 8, lns. 15-18).
Regarding claim 6, Hejda discloses in a third mode, the controller is configured to control the at least one transfer control valve to position the transfer valve in the third position (col. 8, lns. 21-26).
Regarding claim 10, Hejda discloses the first controllable valve the second controllable valve, and the at least one transfer control valve are fluidly connected to one or more input lines to receive an input pressure from a pressure supply (as shown in Fig. 3, two input lines are extending from the pump 302 to both lower circuits 320-1,-2).
Regarding claim 11, Hejda discloses the one or more input lines include a high-pressure line and a return line (in the third position the ports 336-1,2,3,4 communicate, therefore depending on the desired movement of the actuator one line is a high-pressure line and the other line is the return line).
Regarding claim 13, Tsutsui et al. discloses the at least one transfer control valve is an EHSV (as it has electrical solenoid pilot valves operating the main spool valve).
Regarding claim 18, Tsutsui et al. disclose the transfer valve includes a biasing member (as shown in Fig. 2, valve 34 has biasing members shown on each end of the valve depicted in a symbol, immediately next to each port 34a,b) configured to bias the transfer valve to one of the first position, the second position, or the third position.
Regarding claim 19, Tsutsui et al. disclose wherein the at least one transfer control valve includes a first solenoid and a second solenoid (48A,B, see Fig. 2, col.4, lns. 40-47) .
Regarding claim 20, Tsutsui et al. disclose the one or more third pressure control lines include a first solenoid control line (the line from 48A to 34a) and a second solenoid control line (the line from 48B to 34b), wherein the first solenoid control line is connected to a first portion of the transfer valve and the second solenoid control line is connected to a second portion of the transfer valve to control a pressure differential across the transfer valve to control the position of the transfer valve.
Regarding claim 21, Hejda further discloses, wherein the first functional system and the second functional system each include a plurality of actuators (as shown in Figure 1, ailerons 106 is operated by 126 which has 2 actuators to move the aileron).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hejda (US 8172174) and Boehringer ‘526 in view of Raymond (US 5074495).
Regarding claims 15-17, Hejda and Boehringer disclose all of the features of the claimed invention, although is silent to having the transfer control system includes a position sensor configured to sense a position of the transfer valve, wherein the position sensor is connected to the controller to provide the controller with position signals,, wherein the controller is configured to command the at least one transfer control valve to control the position of the transfer valve as a function of the position signals received from the position sensor to position the transfer valve in at least one of the first position, the second position, or third position, wherein the position sensor is a variable displacement transformer (VDT).
.
Raymond teaches the use of the transfer control system includes a position sensor (52,54) configured to sense a position of the transfer valve (16), wherein the position sensor is connected to the controller (“logic circuitry, col. 7, lns. 1-9) to provide the controller with position signals, wherein the controller is configured to command the at least one transfer control valve to control the position of the transfer valve as a function of the position signals received from the position sensor to position the transfer valve in at least one of the first position, the second position, or third position, wherein the position sensor is a variable displacement transformer (52,54 are LVDT’s).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the sensors as taught by Raymond into the combined device of Hejda and Boehringer, in order to properly coordinate the movements of the power actuator and the main control valve (Raymond, col. 7, lns. 1-9).
Claim 21 being rejected in an alternative manner should the above rejections not be found persuasive.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Hejda (US 8172174) and Boehringer ‘526 or Tsutsui et al. ‘292 in view of Polcuch (US 10538310).
Regarding claim 21, Hejda and Boehringer or Tsutsui et al. disclose all of the features of the claimed invention, although is silent to the first functional system and the second functional system each include a plurality of actuators.
Polcuch teaches the use of a transfer valve (at 35, see Fig. 2A), that is connected to a plurality of actuators (36a-h) used to move a plurality of control surfaces (18a-d).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of actuators connected with the transfer valve as taught by Polcuch in the combined device of Hejda and Boehringer or Tsutsui et al., in order to move a plurality of control surfaces, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art unless a new and unexpected result is produced. In re Harza ,274 F.2d 669,124 USPQ 378 (CCPA 1960).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Craig Price, whose telephone number is (571)272-2712 or via facsimile (571)273-2712. The examiner can normally be reached on Monday-Friday (8:00AM-4:30PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider, can be reached at telephone number 571-272-3607, Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753