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 with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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(s) 1-4,7-10, is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang, Chinese Patent Publication CN 11738520 (hereinafter “Huang”) in view of Wang et al, WIPO Publication WO 2016011193 A1 in further view of Kubota, Kubota Utility Vehicle RTV-ZXG850 (hereinafter “Kubota”).
In Reference to Claim 1:
Huang discloses a work vehicle ( See, Background and Figure 1) comprising: a body (81); See, Figure 1) with something to be lifted and lowered (See, Figure 1 showing a container 82 which is lifted and lowered); a fluid cylinder (4) configured to operate the lifting and lowering; a pump (not explicitly disclosed but inherent as what is disclosed is a pressurized source) configured to supply working fluid into the fluid cylinder (4) ; and a control valve unit (2) including: a control valve configured to control supply and discharge of working fluid into and from the fluid cylinder; a supply and discharge flow passage disposed between the control valve and the fluid cylinder and configured to let, flow through the supply and discharge flow passage, working fluid to be supplied into the fluid cylinder and working fluid discharged from the fluid cylinder; the control valve being a four-way control valve switchable between: a first position, in which the control valve permits working fluid from the pump to be supplied into the first supply and discharge flow passage and working fluid from the fluid cylinder to be discharged through a second supply and discharge flow passage (See, Figure 1 valve 2); a second position in which the control valve (2) permits working fluid from the pump to be supplied into the second supply and discharge flow passage and working fluid from the fluid cylinder (4) to be discharged through the first supply and discharge flow passage; a third position in which the control valve blocks the first and second supply and discharge flow passages; and a fourth position in which the control valve (2) blocks working fluid from the pump and permits working fluid from the fluid cylinder (4) to be discharged through the first and second supply and discharge flow passage.
Huang fails to disclose a relief valve (310 or 410) disposed on the supply and discharge flow passage and switchable between (i) a block position, in which the relief valve blocks the supply and discharge flow passage, and (ii) a relief position, in which the relief valve permits working fluid to flow from a side of the fluid cylinder toward the control valve.
However, in the same field of endeavor, Wang discloses a work vehicle (See, Figure 6) comprising a body wherein the supply and discharge flow passages featuring a counterbalance valve system (specifically relief valves 310 and 410) disposed in them; and wherein said relief valve is and switchable between (i) a block position, in which the relief valve blocks the supply and discharge flow passage, and (ii) a relief position, in which the relief valve permits working fluid to flow from a side of the fluid cylinder toward the control valve.
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Huang to include the counterbalance valves on the supply and discharge lines as taught by Wang because such a feature is a well known safety device in lifting/lower devices that are under the influence of gravity providing for the ability to safely lower or hold the lifting cylinder in its device especially when there is a failure in the control valve/pump or power is lost.
Huang as modified also fails to disclose a carrier box provided for the body and configured to be lifted and lowered, instead utilizing a container
However, in a similar field of endeavor, work machines, Kubota discloses a carrier box which is provided on the body of the work machine and is lifted and lowered. See, Page 42-45 which discuss raising and lowering of the carrier Box. See, Page 1 which shows the work machine containing a carrier box.
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Huang such that the actuator of the work machine is lifting and lowering a carrier box instead of lifting and lowering the container as shown in Figure 1 of Huang because it is a simple substitution of one known work tool for another providing the same predictable results of raising and lowering a work tool.
In Reference to Claim 2:
Huang as modified further discloses wherein the supply and discharge flow passage includes: a supply flow passage portion configured to let, flow through the supply flow passage portion, working fluid to be supplied into the fluid cylinder; and a discharge flow passage portion configured to let, flow through the discharge flow passage portion, working fluid discharged from the fluid cylinder, and the relief valve is disposed on the discharge flow passage portion. See, Wang Figure 1.
In Reference to Claim 3:
Huang as modified by Wang further discloses a check valve (320 and 420) disposed on the supply flow passage portion and configured to permit working fluid to flow from a side of the control valve toward the fluid cylinder and prevent working fluid from the fluid cylinder from flowing toward the control valve. See, Wang Figure 1.
In Reference to Claim 4:
Huang further discloses a pump port (not a pump but Wang does teach the pump in a lifting system and its well established to put a pump) through which working fluid from the pump flows into the control valve unit (2); a discharge port through which working fluid is discharged from the control valve unit; and a cylinder port through which working fluid flows out of the control valve unit toward the fluid cylinder and through which working fluid flows from the side of the fluid cylinder into the control valve unit. See, Figure 1. See also, Wang Figure 1.
In Reference to Claim 7:
Huang discloses a work vehicle (Figure 1) comprising: a body (81; See, Figure 1); a fluid cylinder (4) configured to operate a container (82), the fluid cylinder including: a first working fluid chamber (See, Figure 1); and a second working fluid chamber (not labeled but shown); a pump (not shown but discloses a pressure source) configured to supply working fluid into the fluid cylinder (4); and a control valve unit (2) including: a control valve (2) configured to control supply and discharge of working fluid into and from the fluid cylinder; a first supply and discharge flow passage between the control valve and the first working fluid chamber; a second supply and discharge flow passage between the control valve and the second working fluid chamber; Huang further disclose the control valve (2) being a four-way control valve (See, Figure 1) switchable between: the control valve being switchable between a first position, in which the control valve permits working fluid from the pump to be supplied into the first supply and discharge flow passage and working fluid from the second supply and discharge flow passage to be discharged, a second position, in which the control valve permits working fluid from the pump to be supplied into the second supply and discharge flow passage and working fluid from the first supply and discharge flow passage to be discharged, and a third position, in which the control valve blocks the first and second supply and discharge flow passages; and a fourth position in which the control valve blocks the supply of working fluid and connected the first and second supply and discharge flow passages to permit working fluid from the fluid cylinder and the first and second supply and discharge flow passages to discharge.
Huang fails to disclose a first relief valve disposed on the first supply and discharge flow passage and switchable between (i) a block position, in which the first relief valve blocks the first supply and discharge flow passage, and (ii) a relief position, in which the first relief valve permits working fluid to flow from a side of the first working fluid chamber toward the control valve; and a second relief valve disposed on the second supply and discharge flow passage and switchable between (i) a block position, in which the second relief valve blocks the second supply and discharge flow passage, and (ii) a relief position, in which the second relief valve permits working fluid to flow from a side of the second working fluid chamber toward the control valve,
However, in the same field of endeavor, Wang discloses a work machine featuring a lifting apparatus; wherein a pump sends fluid through a directional control valve to the lifting actuators and the supply and discharge flow passages contain a first relief valve (310) disposed on the first supply and discharge flow passage and switchable between (i) a block position, in which the first relief valve blocks the first supply and discharge flow passage, and (ii) a relief position, in which the first relief valve permits working fluid to flow from a side of the first working fluid chamber toward the control valve; and a second relief valve (410) disposed on the second supply and discharge flow passage and switchable between (i) a block position, in which the second relief valve blocks the second supply and discharge flow passage, and (ii) a relief position, in which the second relief valve permits working fluid to flow from a side of the second working fluid chamber toward the control valve, the control valve being switchable between a first position, in which the control valve permits working fluid from the pump to be supplied into the first supply and discharge flow passage and working fluid from the second supply and discharge flow passage to be discharged, a second position, in which the control valve permits working fluid from the pump to be supplied into the second supply and discharge flow passage and working fluid from the first supply and discharge flow passage to be discharged, and a third position, in which the control valve blocks the first and second supply and discharge flow passages.
Wang fails to disclose a carrier box provided for the body and configured to be lifted and lowered.
However, in a similar field of endeavor, work machines, Kubota discloses a carrier box which is provided on the body of the work machine and is lifted and lowered. See, Page 42-45 which discuss raising and lowering of the carrier Box. See, Page 1 which shows the work machine containing a carrier box.
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Wang such that the actuator of the work machine is lifting and lowering a carrier box instead of lifting and lowering an alternative work tool such as bucket because it is a simple substitution of one known work tool for another providing the same predictable results of raising and lowering a work tool.
In Reference to Claim 8:
Huang as modified further discloses wherein the first supply and discharge flow passage includes:a first supply flow passage portion configured to let, flow through the first supply flow passage portion, working fluid to be supplied into the first working fluid chamber; and a first discharge flow passage portion configured to let, flow through the first discharge flow passage portion, working fluid discharged from the first working fluid chamber, the first relief valve is disposed on the first discharge flow passage portion, the second supply and discharge flow passage includes: a second supply flow passage portion configured to let, flow through the second supply flow passage portion, working fluid to be supplied into the second working fluid chamber; and a second discharge flow passage portion configured to let, flow through the second discharge flow passage portion, working fluid discharged from the second working fluid chamber, and the second relief valve is disposed on the second discharge flow passage portion. See, Figure 1 or equivalent configuration in Figure 2 and 3 showing that the valve can be composed of 2.
In Reference to Claim 9:
Wang further discloses further comprising: a first check valve (320) disposed on the first supply flow passage portion and configured to permit working fluid to flow from a side of the control valve toward the first working fluid chamber and prevent working fluid from the side of the first working fluid chamber from flowing toward the control valve; and a second check valve (420) disposed on the second supply flow passage portion and configured to permit working fluid to flow from the side of the control valve toward the second working fluid chamber and prevent working fluid from the side of the second working fluid chamber from flowing toward the control valve.
In Refrence to Claim 10:
Wang further discloses wherein the control valve unit includes:a pump port through which working fluid from the pump flows into the control valve unit; a discharge port through which working fluid is discharged from thecontrol valve unit;a first cylinder port through which working fluid flows out of the control valve unit toward the first working fluid chamber and through which working fluid flows from the side of the first working fluid chamber into the control valve unit; and a second cylinder port through which working fluid flows out of the control valve unit toward the second working fluid chamber and through which working fluid flows from the side of the second working fluid chamber into the control valve unit. See, Figure 1.
Claims 5 and 6 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang, Chinese Patent Publication CN 11738520 (hereinafter “Huang”) in view of Wang et al, WIPO Publication WO 2016011193 A1 in further view of Kubota, Kubota Utility Vehicle RTV-ZXG850 (hereinafter “Kubota”).as recited in claim 1 and 7 respectively, in further view of Marlott et al., U.S. Patent 3,795,255 (hereinafter “Marlott”).
In Reference to Claim 5 and 11:
Wang as modified discloses all the limitations of claim 1 and 7 respectively, but fails to disclose an adjuster disposed on an outer wall of the control valve unit and configured to adjust a relief pressure of the relief valve and an adjuster disposed on the outer wall of the control valve unit and configured to adjust a relief pressure of the second relief valve.
However, in the same field of endeavor, hydraulic circuits with relief valves, Marlott discloses an adjuster (30) disposed on the outer wall (10) of the valve and configured to adjust the pressure relief valve (20).
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to further modify Wang to include the teachings of Marlott, specifically to modify the pressure relief valve of Wang to include an adjuster to alow for adjustment of the relief valve bias (as taught by Marlott) because such a modification would allow for the operator to adjust the spring bias of the relief valve over time which to maintain a consistent actuation would be required due to wear and debris of the hydraulic system over time.
In Reference to Claim 6 and 12:
Upon review of the specification for criticality or a specific technical feature and absence of such criticality listed for said claim language recited in claim 6 and 12. Examiner notes it would have been obvious to a person having ordinary skill in the art at the time of effective filing to further modify Wangs such that a transmission case at a back portion of the body, the control valve unit is fixed to a lateral portion of the transmission case in such a manner that the adjusters face backward relative to the body because such a modification is merely a design choice.
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 DANIEL S. COLLINS whose telephone number is (313)446-6535. The examiner can normally be reached M-TH 8:00-5:30.
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/DANIEL S COLLINS/ Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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