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 Amendment
The Amendment filed 02/10/2026 has been entered. Claims 1-17 remain pending in the application.
Response to Arguments
Applicant argues the prior art fails to teach at least four fluid exchange ports forming two independent fluid paths. The examiner respectfully disagrees, as indicated in the annotated figure below, the prior art does teach four fluid exchange ports. However, there is no limitation within the claims that requires the ports form two independent fluid paths. As such, the prior art does address all the limitations that are present within the claims. Applicant also argues in relation to claim 5 that the prior art doesn’t teach an inverse volume relationship whereby when displacement of a first set of pistons is increased there is a decrease in another set of pistons. The examiner respectfully disagrees, since the swashplate is placed in between the cylinders and pistons (the swash plate is placed in b/n left and right cylinders where two opposing pistons are joined together with the swash plate being placed in between the two pistons see Fig 1). In this arrangement, as the swashplate inclines the first set of pistons will see their displacement increased while others will have their displacement decreased since they are placed in opposing directions with the swash plate placed in between them. Applicant also argues that Folsom does not disclose a single displacement power controller that defines all four chambers because Folsom discloses a pump and motor combination. The examiner respectfully points out that there is no structural recitation that is present within the claims that precludes Folsom from reading on the claimed invention. Folsom teaches each and every structural and the commensurate functional recitations present with the claims. As such, the rejection is proper and it accordingly maintained. The examiner suggests to applicant to include distinguishing structural limitations within the claims to overcome the prior art of record.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Slater (US 4,493,189) hereinafter Slater.
Regarding Claim 1 Slater teaches a displacement power controller (Fig 1) for variable displacement fluid or gas power control, the displacement power controller (Fig 1) having:(a) a housing (Fig 1) with at least four fluid exchange ports (see Fig below); (b) a power conversion cavity (Fig 1) within the housing (Fig 1), the power conversion cavity (Fig 1) having a first end and a second end (Fig 1); (c) a cylindrical spline (24) in the power conversion cavity (Fig 1), the spline (24) being rotationally engaged with a first end rotationally fixed in the first end of the power conversion cavity (Fig 1) and a second end rotationally fixed in the second end of the power conversion cavity, the spline (24) being rotatable about an axis of rotation that extends longitudinally through the center point of the cylindrical spline (see Fig 1); (d) a first cylinder block (30) within the power conversion cavity (Fig 1), the first cylinder block (30) being coaxially engaged with the spline (24) proximate to the first end of the spline (24) and having a plurality of cylinder bores (32) radially arranged around the axis of rotation and axially parallel to the axis of rotation and being fluidly engaged with a first fluid exchange port (See Fig below) and a second fluid exchange port (See Fig below); (e) a second cylinder block (40) within the power conversion cavity (Fig 1), the second cylinder block (40) being coaxially engaged with the spline (24) proximate to the second end of the spline (24) and having a plurality of cylinder bores (54) radially arranged around the axis of rotation and axially parallel to the axis of rotation and being fluidly engaged with a third fluid exchange (see Fig below) port and a fourth fluid exchange port (See Fig below); (f) a first plurality of first cylinder block pistons (34) engaged in the plurality of cylinder bores (32) of the first cylinder block (30), the first cylinder block pistons (34) operable to translate within the plurality of cylinder bores (32), wherein the first cylinder block (30) and its respective first block cylinder bores (32) and their associated cylinder block pistons circularly traverse around the axis of rotation, and at any given time a first subset of the first cylinder bores and pistons are associated with the first fluid exchange port (See Fig below) and a second subset of the first cylinder bores and pistons are associated with the second fluid exchange port (See Fig below); (g) a second plurality of second cylinder block pistons (56) engaged in the plurality of cylinder bores of the second cylinder block (40), the second cylinder block pistons (56) operable to translate within the plurality of cylinder bores (54), wherein the second cylinder block (40) and its respective second block cylinder bores (54) and their associated cylinder block pistons (56) circularly traverse around the axis of rotation, and at any given time a first subset of the second cylinder bores and pistons are associated with the third fluid exchange port (See Fig below) and a second subset of the second cylinder bores and pistons are associated with the fourth fluid exchange port (See Fig below); (h) a swashplate assembly (40) coaxially located around the axis of rotation and engaged with the first cylinder block pistons (34) and the second cylinder block pistons (56), the swashplate assembly (40) operable to change the stroke distance of the first cylinder block pistons (34) and the second cylinder block pistons (56) in an inverse manner, wherein when the swashplate assembly (40) is moved in a first direction longitudinally along the spline (24) it increases the stroke distance of the first cylinder block pistons (34) and decreases the stroke distance of the second cylinder block (40) pistons, and conversely when the swashplate assembly (40) is moved in a second direction longitudinally along the spline (24) it decreases the stroke distance of the first cylinder block pistons (34) and increases the stroke distance of the cylinder block pistons (Fig 1).
Regarding Claim 2 Slater teaches wherein the swashplate assembly (40) comprises a single swashplate (40) that is substantially circular and has axial pivot connections across a first diameter of the swashplate (40) and a first thickness at a 90 degree point from the axial pivot connections and a second thickness greater than the first thickness on the opposite side from the first 90 degree point (Fig 1), and wherein the swashplate thickness linearly increases its thickness between the first thickness and the second thickness and whereby the pivoting of the swashplate about the pivot point causes the varying stroke distances (Fig 1).
Regarding Claim 3 Slater teaches wherein the variable displacement controller is adapted for fluid or hydraulic applications
Regarding Claim 4 Slater teaches wherein the variable displacement controller is adapted for gas or pneumatic applications (Fig 1).
Regarding Claim 5 Slater teaches a displacement power controller (Fig 1) (Fig 1) for variable displacement fluid or gas power control, the displacement power controller (Fig 1) having: a housing (Fig 1) with at least four fluid exchange ports (See Fig below); a power conversion cavity (Fig 1) in fluid communication with the at least four fluid exchange ports (see Fig below) and having an inner surface (Fig 1); a movable member (40) adjustably positioned in the power exchange cavity (Fig 1), the movable member (40) being translationally movable within the power conversion cavity (Fig 1); a first cylinder block (30) in mechanical engagement with the movable member (40), the first cylinder block (30) being rotatable about an axis of rotation and having at least four piston bores (34); a second cylinder block (40) in mechanical engagement with the movable member (40), the second cylinder block (40) being rotatable about the axis of rotation and having at least four cylinder bores (54); a first plurality of pistons (34) of slidably movable within the at least four piston bores (34) of the first cylinder block (30) and provided under pressure to maintain contact with the movable member (40); a second plurality of pistons (56) slidably movable within the at least four piston bores (54) of the second cylinder block (40) and provided under pressure to maintain contact with the movable member (40) (Fig 1); whereby the movable member (40)is operable to increase the displacement volume of the first plurality of pistons (34) as it decreases the displacement volume of the second plurality of pistons by the relative movement of the movable member (40) between the first and second plurality of pistons (34, 56); whereby the relative motion proportionately adjusts the displacement volume of the first and second plurality of pistons (34, 56) whereby as an effective chamber volume of one of the first and second plurality of pistons (34, 56) is increased, the effective chamber volume of the other of the first and second plurality of pistons (34, 56) is decreased (Fig 1).
Regarding Claim 6 Slater teaches wherein as the effective chamber volumes of the first and second plurality of pistons (34,56) are inversely proportional (Fig 1).
Regarding Claim 7 Slater teaches wherein the variable displacement controller (Fig 1) is adapted for fluid or hydraulic applications (Fig 1).
Regarding Claim 8 Slater teaches wherein the variable displacement controller is adapted for (is capable of being used or) gas or pneumatic applications (Fig 1).
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Claims 9-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Folsom et al.(US 6,358,174 B1) hereinafter Folsom.
Regarding Claim 9 Folsom teaches a fluid system for controlling an actuator (Fig 1), the system comprising:(a) a fluid source (75) that provides a fluid source flow under pressure (Fig 1); (b) an actuator (60) that performs work in the system using an input fluid flow (Fig 1); and (c) a displacement power controller (Fig 1) for variable displacement of fluid or gas power control, wherein (1) the rotational displacement power controller (Fig 1) operable to receive the fluid source flow under pressure from the fluid source and to modulate the fluid source flow into an adapted fluid flow to be provided as the input fluid flow for the actuator (60, 116),the displacement power controller (Fig 1) further comprising at least four ports (see Fig below), at least one of the at least four ports being connected to receive or augment the fluid source flow (Fig 1), at least one of the at least four ports being connected to provide the input fluid flow to or receive fluid flow from the actuator (60,116) (Fig 1), and at least two additional ports of the at least four ports being connected to receive or discharge fluid (Fig 1), the displacement power controller (Fig 1) defining a first fluid path between a first two of the at least four ports (Fig 1) and a second fluid path between a second two of the at least four ports(Fig 1), the displacement power controller (Fig 1) defining four chambers (motor and pump chambers), whereby two chambers are defined along each of the first and second fluid paths (See Fig below), thereby defining a first pair of chambers along the first fluid path and a second pair of chambers along a second fluid path (See Fig below); the displacement power controller (Fig 1) including a translational mechanism (swash plate, see fig below) by which fluid volumes of the respective first and second pairs of chambers (pump and motor chambers) can be adjusted relative to each other to define a fluid volume ratio between the first pair and second pair of chambers (pump and motor chambers); whereby the displacement power controller (Fig 1) can modulate the input fluid flow to or from the actuator (60, 116) by transforming the fluid flow while preserving energy in the system by modulating the fluid volume ratio between the first and second pairs of chambers (pump and motor chambers) (Fig 1).
Regarding Claim 10 Falsom teaches wherein the system is configured as a meter-in power control for an actuator (Fig 1).
Regarding Claim 11 Falsom teaches wherein the actuator (60, 116) is a hydraulic motor (Fig 1).
Regarding Claim 12 Falsom teaches wherein the actuator (60, 116) is a double acting hydraulic cylinder (116) (Fig 1).
Regarding Claim 13 Falsom teaches wherein the system is configured as a power optimizer (Fig 1).
Regarding Claim 14 Falsom teaches wherein the system is configured as a counterbalance or brake relative to a load being pulled away from an actuator (Fig 1: note: there is no additional structural limitation that precludes the system from operating as a counterbalance).
Regarding Claim 15 Slater teaches wherein the system is configured as power combiner from two actuators (Fig 1 note: there is no additional structural limitation that precludes the system from operating as a power combiner).
Regarding Claim 16 Slater teaches wherein the system is configured as power divider to supply power to two actuators (Fig 1 note: there is no additional structural limitation that precludes the system from operating as a power divider).
Regarding Claim 17 Slater teaches wherein the system is configured for velocity control of single acting cylinder (Fig 1 note: there is no additional structural limitation that precludes the system from operating as a velocity control).
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Conclusion
THIS ACTION IS MADE FINAL. 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 ABIY TEKA whose telephone number is (571)272-9804. The examiner can normally be reached M-F 11-9 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIY TEKA/Primary Examiner, Art Unit 3745
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