DETAILED ACTION
Claims 12-15 (filed 01/02/2026) have been considered in this action. Claims 1-11 have been canceled. Claims 12-15 are newly filed.
Response to Arguments
Applicant’s arguments, see page 4 section II, filed 01/02/2026, with respect to objection to claim 3 have been fully considered and are persuasive. The objection of claim 3 has been withdrawn.
Applicant’s arguments, see page 4 section III, filed 01/02/2026, with respect to double patenting rejection of claims 1-11 have been fully considered and are persuasive. The double patenting rejection of claims 1-11 has been withdrawn.
Applicant’s arguments, see page 4 section IV, filed 01/02/2023, with respect to rejection of claims 1-11 under 35 U.S.C. 102 or 35 U.S.C. 103 have been fully considered and are persuasive. The rejection of claims 1-11 under 35 U.S.C. 102 or 35 U.S.C. 103 has been withdrawn.
Claim Objections
Claim 12 is objected to because of the following informalities: claim 12 contains a typographical error on line 9 of the claim by repeating the phrase “wherein said” twice in a row (i.e. ‘wherein said wherein said air pressure transmitter’). Appropriate correction is required.
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.
Claims 12-15 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 12 introduces the newly recited concepts of “a housing element defining an enclosure having a base surface and at least one supporting surface disposed around a perimeter of said base surface” and makes various references to how the various “connectors” are disposed on said supporting surface. The applicant has failed to show or explain where in the original disclosure support for such limitations exists. When searching through the provided specification, no instance of “base surface” or “supporting surface” or “enclosure” can be found. Applicant’s remarks contain broad generalizations of the claims being filed in “good faith” with little to no explanation of how the original disclosure supports such new language.
Claims 13-15 are dependent upon claim 12, and thus inherit the rejection of claim 12 under 35 U.S.C. 112(a).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Beauchamp (US 20070137985, hereinafter Beauchamp) in view of Powanda (US 20120085434, hereinafter Powanda) and Beck et al. (US 20130277148, hereinafter Beck).
In regards to Claim 12, Beauchamp teaches “A portable remote control unit for a lubrication system comprising: a housing element defining an enclosure having a base surface and at least one supporting surface disposed around a perimeter of said base surface” (Fig. 6 shows enclosure 53 around controller and connected equipment [0044] Controller 52, and other elements, can be installed in and protected by enclosure 53, such as a NEMA 4X enclosure, and are connected to suitable electrical power mains, as is known) “a programmable logic controller (PLC) disposed within said enclosure;” (Fig. 6 shows enclosure 53 around controller and connected equipment [0044] A controller 52 is connected to sensor 32 and receives detected output 38, and controller 52 is ultimately connected to each nozzle 42, for actuating the nozzles 42 to expel lubricant 24 on to at least one position 28, 44, 46, 48, or other positions, of chains 16, 18, 20 based on detected output 38....Controller 52 can include a display 54 and a user input device 56, for programming and status of controller 52, and can also include a microprocessor, application specific integrated circuit and/or other logic devices, relay outputs 58 and/or other output types, and other electronic/electrical components as required) “a sensor assembly disposed within said enclosure and operationally coupled to said PLC, said sensor assembly comprising a solenoid valve” ([0045] At least one three-way solenoid valve 64 is electrically connected to controller 52, and is pneumatically connected to pumps 60) “a lubricant flow transmitter” ([0046] Lubricant 24 is connected to liquid inlet 84, and through the reciprocating action of piston 82, a fixed volume of fluid 24 is metered and dispensed from inlet 84 to a discharge zone or outlet 86.) “and an air pressure transmitter” ([0045] A source of pressurized air 72 can be provided to valve(s) 64 through filter 74 [0047] Powered, solenoid valve 64 allows air to flow to at least one pneumatic pump 60. Activation of pump 60 allows the internal piston 82 to dispense fluid 24 to the pump fluid outlet port 86. With the pump output set (0.012 cu. in., for example) and using 120 psi air supply with AW 36 hydraulic lubricant fluid as a dispensed medium, the output time from solenoid 64 activation to dispensed lubricant 24 is 45 milliseconds) “wherein said solenoid valve is configured for operation coupling to an external air supply unit via an air supply input connector disposed on said at least one supporting surface” ([0045] Three-way solenoid valves 64 are well known in the art, and can be used to separate a pressurized air input 66 into a first pressurized air output 68 and a second pressurized air output 70; air input 66 is connection to air supply [0047] Powered, solenoid valve 64 allows air to flow to at least one pneumatic pump 60. Activation of pump 60 allows the internal piston 82 to dispense fluid 24 to the pump fluid outlet port 86. With the pump output set (0.012 cu. in., for example) and using 120 psi air supply with AW 36 hydraulic lubricant fluid as a dispensed medium, the output time from solenoid 64 activation to dispensed lubricant 24 is 45 milliseconds) “wherein said wherein said air pressure transmitter is configured for operational coupling to an external lubricant supply unit via an air supply output connector disposed on said at least one supporting surface” ([0045] Three-way solenoid valves 64 are well known in the art, and can be used to separate a pressurized air input 66 into a first pressurized air output 68 and a second pressurized air output 70. Valve(s) 64 can be a single 3-way valve connected to the entire bank of pumps 60, or alternatively, multiple 3-way valves 64 each having corresponding outputs 68 and 70, individually connected to a corresponding pump 60, or multiple pumps.... pumps 60 are energized to draw lubricant 24 from reservoir 78 via one or more conduits 79, and into tubing 62, which fluid is conducted to nozzles 42 and expelled onto an appropriate chain 16, 18, 20.; wherein outputs 68, 70 connect and supply air for pumps to pump oil) “wherein said sensor assembly is further configured for coupling with said external lubricant supply unit via a lubricant supply input connector disposed on said at least one supporting surface” ([0047] pumps 60 are energized to draw lubricant 24 from reservoir 78 via one or more conduits 79, and into tubing 62, which fluid is conducted to nozzles 42 and expelled; wherein conduit 79 is a lubricant supply input) “wherein a lubricant supply output connector disposed on said at least one supporting surface is configured for coupling to one or more valves” ([0045] When provided with pneumatic input(s) 76, pumps 60 are energized to draw lubricant 24 from reservoir 78 via one or more conduits 79, and into tubing 62, which fluid is conducted to nozzles 42 and expelled; [0048] The second output 70 of solenoid valve 64 is fluidly connected to nozzles 42, which air pressure input helps atomize the spray of lubricant 24 exiting each of orifices 50; wherein tubing 62 and output of solenoid valves are connected to solenoid for supplying lubricant) “wherein said PLC is configured to control said solenoid valve to cause air to flow from said external air supply unit to said external lubricant supply unit to dispense a quantity of a lubricant to said one or more valves” ([0044] A controller 52 is connected to sensor 32 and receives detected output 38, and controller 52 is ultimately connected to each nozzle 42, for actuating the nozzles 42 to expel lubricant 24 on to at least one position 28, 44, 46, 48, or other positions, of chains 16, 18, 20 based on detected output 38. [0045] At least one three-way solenoid valve 64 is electrically connected to controller 52, and is pneumatically connected to pumps 60. Three-way solenoid valves 64 are well known in the art, and can be used to separate a pressurized air input 66 into a first pressurized air output 68 and a second pressurized air output 70. [0047] Powered, solenoid valve 64 allows air to flow to at least one pneumatic pump 60. Activation of pump 60 allows the internal piston 82 to dispense fluid 24 to the pump fluid outlet port 86.) “wherein said PLC is configured to measure readings from said sensor assembly and wherein said PLC is configured to communicate said readings to an external computing system” ([0044] Controller 52 can include a display 54 and a user input device 56, for programming and status of controller 52, and can also include a microprocessor, application specific integrated circuit and/or other logic devices, relay outputs 58 and/or other output types, and other electronic/electrical components as required. [0054] Provided lubricant 24 remains at a level to support the float switch 94, the system 22 continues with no physical status change. If reservoir 78 is sufficiently depleted, display 54 indicates a low lubricant 24 level, and helpful corrective information is also displayed).
Beauchamp fails to teach “A portable remote control unit for a lubrication system” and “wherein said PLC is configured to communicate said readings to an external computing system”. It is noted that MPEP 2144.04(V)(A) recites that “Fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results”, thus the mere claiming that the enclosure is portable does not afford any patentable weight. Nonetheless, prior art that teaches a portable version of the same type of enclosure as Beauchamp is being provided.
Powanda teaches “A portable remote control unit for a lubrication system comprising: a housing element defining an enclosure” ([0032] Referring to FIG. 1, the apparatus 10 includes an input pipe or tube 12 having an input port or opening 12a into which gas or fluid can flow, and an output port or opening 12b which is connected to an input port or opening of a control valve 14; [0042] The apparatus 10 is typically a portable unit enclosed in a NEMA 4x housing 72; wherein NEMA housings are known in box form that would inherently have sides and base).
It would have been obvious to a person having ordinary skill in the art before the effective file date of the claimed invention to have modified the NEMA 4X housing of Beauchamp to incorporate the portable nature of the NEMA 4X housing of Powanda, because it would inherently gain the ability to be transported from one location to the next. This is besides the fact that MPEP 2114.04(V)(A) recites that portability cannot form an inventive concept. By combining these elements, it can be considered taking the known portable housing enclosure of Powanda, and using it as the housing of Beauchamp in a known way that achieves predictable results.
The combination of Beauchamp and Powanda fail to teach “wherein said PLC is configured to communicate said readings to an external computing system”.
Beck teaches “wherein said PLC is configured to communicate said readings to an external computing system” ([0067] The controller 110 can be programmed through the USB port 170 using the laptop computer 370 or the keypad display 260 located on the controller cover 273. There is both data logging and history reporting capability using the USB port 170 to laptop 370; wherein data logging and history reporting are readings communicated to external computer 370).
It would have been obvious to a person having ordinary skill in the art before the effective file date of the claimed invention to have modified the portable housing with controller for controlling a lubricant flow using air pressure as taught by Beauchamp and Powanda, with the use of sending readings to an external computer system as taught by Beck, because it would gain the added benefit of allowing a computer to log data and act as a historian for future troubleshooting applications when the system fails. By combining these elements, it can be considered taking the known ability to communicate with external computers as taught by Beck, and incorporating these features in a known way to the lubricant flow controller of Beauchamp that achieves predictable results.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Beauchamp, Powanda and Beck as applied to claim 12 above, and further in view of Holman et al. (US 20160186928, hereinafter Holman).
In regards to Claim 13, the combination of Beauchamp, Powanda and Beck teach the portable remote control unit as incorporated by claim 12 above.
The combination of Beauchamp, Powanda and Beck fail to teach “The portable remote control unit of claim 12 wherein said PLC is further configured to actuate said solenoid valve upon receiving an actuation signal from said external computing system.”
Holman teaches “The portable remote control unit of claim 12 wherein said PLC is further configured to actuate said solenoid valve upon receiving an actuation signal from said external computing system” ([0016] Lubrication controller 42 is a logic-capable device such as a dedicated microprocessor or collection of microprocessors, or a non-dedicated computer loaded with appropriate control software. Lubrication controller 42 receives input signals C.sub.i reflecting states of local assembly 12, and controls motor 16 and actuators of local assembly 12 via output signals C.sub.o. Lubrication controller 42 can be a part of local assembly 10, or can be a remote controller that communicates with local assembly 12 via a remote data connection such as a wireless connection. Lubrication controller 42 can include user interface components such as a screen, keypad, and/or communication transceiver to provide data to local or remote users, and accept user input commands. In some embodiments lubrication controller 42 can output alarm or alert messages (e.g. via digital signals, lights, and/or sounds) indicating changes in operation of local assembly 12)).
It would have been obvious to a person having ordinary skill in the art before the effective file date of the claimed invention to have modified the controller of Beauchamp which connects to an external computer for programming means, with the use of an external computer for supplying actuation commands to actuate a lubricant delivery system as taught by Holman, because it would gain the obvious benefit of allowing a person to remotely operate the lubricant supply system. By combining these elements, it can be considered taking the known ability to send actuation commands from a remote computer, and implement them in the computer and controller of Beauchamp in a known way that achieves predictable results.
In regards to Claim 14, the combination of Beauchamp, Powanda, Beck and Holman teach the portable remote control unit as incorporated by claim 13 above. Beck further teaches “The portable remote control unit of claim 13 wherein said readings are sensor data derived from said air pressure transmitter and said lubricant flow transmitter” ([0058] A pressure switch or transducer 345 usually located farthest away from the pump senses when the pressure has reached 1800 psig. Once the pressure is reached, the pressure switch or transducer 345 sends a signal via the pressure feedback line 346 to the controller 110 indicating that the system pressure was achieved. The controller then turns off the air solenoid valve and thus the air supply to the pump; [0061] The lubrication system 600 may further comprise at least one flow sensor 330. The at least one flow 330 sensor provides feedback signals to the controller 110 regarding the flow of lubricant to the bearings 140).
In regards to Claim 15, the combination of Beauchamp, Powanda, Beck and Holman teach the portable remote control unit as incorporated by claim 13 above. Beauchamp further teaches “The portable remote control unit of claim 13 wherein said solenoid valve is configured to cause air to flow from said external air supply unit through said portable remote control unit upon said receiving of said actuation signal” ([0045] Lubrication system 22 further includes at least one positive displacement pump 60 which is fluidly connected to nozzles 42 to deliver lubricant 24 to nozzles 42, and in the embodiment shown, nine pumps 60 are individually connected to a corresponding nozzle 42 via high pressure tubing 62. At least one three-way solenoid valve 64 is electrically connected to controller 52, and is pneumatically connected to pumps 60. Three-way solenoid valves 64 are well known in the art, and can be used to separate a pressurized air input 66 into a first pressurized air output 68 and a second pressurized air output 70. Valve(s) 64 can be a single 3-way valve connected to the entire bank of pumps 60, or alternatively, multiple 3-way valves 64 each having corresponding outputs 68 and 70, individually connected to a corresponding pump 60, or multiple pumps. The exact configuration and number of valves 64 is determined by the application and installation of lubrication system 22 according to the present invention, and are particularly predetermined by the required configuration of pumps 60, and corresponding nozzles 42, were pumps 60 can be configured to operate in synchrony or separately, or some combination thereof. A source of pressurized air 72 can be provided to valve(s) 64 through filter 74. Controller 52 provides an electrical input(s) 58 to the solenoid(s) of valve (s) 64 which provide pneumatic input(s) 76 to pumps 60. Air regulator 77 can be used to regulate air pressure to pumps 60. When provided with pneumatic input(s) 76, pumps 60 are energized to draw lubricant 24 from reservoir 78 via one or more conduits 79, and into tubing 62, which fluid is conducted to nozzles 42 and expelled onto an appropriate chain 16, 18, 20).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wech (US 20060231341) shows a lubrication control box with connectors for connecting to air and lubricant input and ouput
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/JONATHAN MICHAEL SKRZYCKI/Examiner, Art Unit 2116