DETAILED ACTION
Application Status
Claims 1-20 are pending and have been examined in this application.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 07 December 2023 has been reviewed and considered.
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 .
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 9-11, 13-15, and 18 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Bares.
With respect to claim 1, Bares discloses: A cooling system comprising: a hydraulic oil tank (40, Fig. 2); a return valve (70) connected to the hydraulic oil tank and configured to provide oil to a cooling circuit, the cooling circuit including a hydraulic oil cooling (HOC) element (58, Fig. 2) and an axle oil cooling (AOC) element (42/44, Fig. 1) connected in series (“disposed in series flow arrangement”, paragraph [0021]); and a flow control device (54, Fig. 2) configured to route oil away from the HOC (“bypassing heat exchanger 58”, paragraph [0029]) and toward the AOC (“through cooling circuits 42/44”, paragraph [0029]) based on an oil condition or a system condition ("extremely cold conditions", paragraph [0029]).
With respect to claim 2, Bares discloses: the cooling system of claim 1, wherein the HOC (58, Fig. 2) and the AOC (42/44) are thermally connected to share heat between a hydraulic subsystem and an axle subsystem (“cooling fluid 40 is directed to flow through coil 28, 28a and placed in thermal communication with lubricating fluid 30”, paragraph [0029]).
With respect to claim 3, Bares discloses the cooling system of claim 1, wherein the flow control device (54, Fig. 2) is configured to provide warmed oil to the AOC (42/44, Fig. 1) if the hydraulic oil temperature is below a threshold.
Regarding the limitation, “warmed oil”, oil that bypasses heat exchanged 58 when TBV 54 is activated would be warm compared to oil that does not bypass the heat exchanger (see paragraph [0029]).
Regarding the limitation, “if the hydraulic oil temperature is below a threshold”, Bares discloses a thermal bypass valve configured to redirect oil. A thermal bypass valve is a valve that is operated based on the temperature of the fluid flowing through it, and accordingly, as applied by Bares, provides warmed oil to the AOC if the hydraulic oil temperature is below a threshold. Furthermore, Bares discloses bypassing the HOC with the express purpose of preventing undesired cooling of the fluid (see paragraph [0029]).
With respect to claim 4, Bares discloses: the cooling system of claim 3, wherein the flow control device (54, Fig. 2) includes a thermal bypass valve (“thermal bypass valve”, paragraph [0029]).
With respect to claim 9, Bares discloses: A method for providing system cooling in a vehicle, the method comprising: connecting a hydraulic oil cooling (HOC) element (58, Fig. 2) and an axle oil cooling (AOC) element (42/44, Fig. 1) in series (“disposed in series flow arrangement”, paragraph [0021]); providing a return valve (70) to route oil to a cooling circuit; and providing a flow control device (54, Fig. 2) to route oil away from the HOC (“bypassing heat exchanger 58”, paragraph [0029]) and toward the AOC (“through cooling circuits 42/44”, paragraph [0029]) based on an oil condition or a system condition ("extremely cold conditions", paragraph [0029]).
With respect to claim 10, Bares discloses: the method of claim 9, further comprising connecting the HOC (58, Fig. 2) and the AOC (42/44) thermally to share heat between a hydraulic subsystem and an axle subsystem (“cooling fluid 40 is directed to flow through coil 28, 28a and placed in thermal communication with lubricating fluid 30”, paragraph [0029]).
With respect to claim 11, Bares discloses: the method of claim 9, further comprising controlling the flow control device (70, Fig. 2) to provide warmed oil to the AOC (42/44) element if hydraulic oil temperature is below a threshold.
Regarding the limitation, “warmed oil”, oil that bypasses heat exchanged 58 when TBV 54 is activated would be warm compared to oil that does not bypass the heat exchanger (see paragraph [0029]).
Regarding the limitation, “if the hydraulic oil temperature is below a threshold”, Bares discloses a thermal bypass valve configured to redirect oil. A thermal bypass valve is a valve that is operated based on the temperature of the fluid flowing through it, and accordingly, as applied by Bares, provides warmed oil to the AOC if the hydraulic oil temperature is below a threshold. Furthermore, Bares discloses bypassing the HOC with the express purpose of preventing undesired cooling of the fluid (see paragraph [0029]).
With respect to claim 13, Bares discloses: A work machine (“work vehicle”, abstract) comprising: a plurality of axles (see “first axle assembly” and “second axle assembly”, paragraph [0009]); a hydraulic oil tank (40, Fig. 2) communicatively coupled to the plurality of axles through a return valve (70) to provide oil to a cooling circuit, the cooling circuit including a hydraulic oil cooling (HOC) element (58) and an axle oil cooling (AOC) element (28) connected in series (“disposed in series flow arrangement”, paragraph [0021]); and a flow control device (54) configured to route oil away from the HOC(“bypassing heat exchanger 58”, paragraph [0029]) and toward the AOC (“through cooling circuits 42/44”, paragraph [0029]) based on an oil condition or a system condition ("extremely cold conditions", paragraph [0029]).
With respect to claim 14, Bares disclose: the work machine of claim 13, wherein the HOC (58, Fig. 2) and the AOC (42/44) are thermally connected to share heat between a hydraulic subsystem and an axle subsystem (“cooling fluid 40 is directed to flow through coil 28, 28a and placed in thermal communication with lubricating fluid 30”, paragraph [0029]).
With respect to claim 15, Bares discloses: the work machine of claim 13, wherein the flow control device (54, Fig. 2) is configured to provide warmed oil to the AOC (28, Fig. 1) if hydraulic oil temperature is below a threshold.
Regarding the limitation, “warmed oil”, oil that bypasses heat exchanged 58 when TBV 54 is activated would be warm compared to oil that does not bypass the heat exchanger (see paragraph [0029]).
Regarding the limitation, “if the hydraulic oil temperature is below a threshold”, Bares discloses a thermal bypass valve configured to redirect oil. A thermal bypass valve is a valve that is operated based on the temperature of the fluid flowing through it, and accordingly, as applied by Bares, provides warmed oil to the AOC if the hydraulic oil temperature is below a threshold. Furthermore, Bares discloses bypassing the HOC with the express purpose of preventing undesired cooling of the fluid (see paragraph [0029]).
With respect to claim 18, Bares discloses: the work machine of claim 13, wherein the flow control device (54, Fig. 2) includes a thermal bypass valve (“thermal bypass valve”, paragraph [0029]).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 5, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bares (US 20090050424 A1) in view of Ensign (US 20190368624 A1).
With respect to claim 5, Bares discloses the cooling system of claim 1, but is silent in teaching that the flow control device includes a solenoid. Bares does disclose a further control valve 40 as a component of the flow control device. The control valve 40 is a pressure relief valve (see “pressure relief valve”, paragraph [0029]).
Ensign discloses a pressure relief valve (10, Fig. 1) comprising a solenoid (“solenoid”, paragraph [0025]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bares in view of Ensign to arrive at the claimed invention and to provide actuation means for the pressure relief valve. Furthermore, the modification may be considered to be a simple substitution of one known element (the pressure relief valve disclosed by Bares) for another known element (the pressure relief valve disclosed by Ensign) to achieve predictable results. Since both valves are pressure relief valves, such a person would expect the modified device to perform substantially similar to the original device.
With respect to claim 12, Bares discloses the method of claim 11 as discussed above but is silent regarding a solenoid and controlling said solenoid by providing an electrical signal to the solenoid.
Ensign discloses a pressure relief valve (10, Fig. 1) comprising a solenoid (“solenoid”, paragraph [0025]) and a method of operating said pressure relief valve comprising: providing an electrical signal to the solenoid (see “electronic solenoid”, paragraph [0025]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bares in view of Ensign to arrive at the claimed invention and to provide actuation means for the pressure relief valve. Furthermore, the modification may be considered to be a simple substitution of one known element (the pressure relief valve disclosed by Bares) for another known element (the electrically actuated pressure relief valve disclosed by Ensign) to achieve predictable results. Since both valves are pressure relief valves, such a person would expect the modified device to perform substantially similar to the original device.
With respect to claim 19, Bares discloses: the work machine of claim 13 but is silent regarding a solenoid in the flow control device.
Ensign discloses a pressure relief valve (10, Fig. 1) comprising a solenoid (“solenoid”, paragraph [0025]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bares in view of Ensign to arrive at the claimed invention and to provide actuation means for the pressure relief valve. Furthermore, the modification may be considered to be a simple substitution of one known element (the pressure relief valve disclosed by Bares) for another known element (the pressure relief valve disclosed by Ensign) to achieve predictable results. Since both valves are pressure relief valves, such a person would expect the modified device to perform substantially similar to the original device.
Claims 6 and 20 rejected under 35 U.S.C. 103 as being unpatentable over Bares (US 20090050424 A1) in view of Bebernes (US 20160037707 A1).
With respect to claim 6, Bares discloses the cooling system of claim 1, but is silent in teaching a steering valve return. However; Bares does disclose using hydraulic fluid from an existing hydraulic system in a work vehicle (see paragraph [0025]).
Bebernes discloses an example of a work vehicle (10, Fig. 1) having a hydraulic steering system (“hydraulic steering”, abstract), wherein the hydraulic steering system comprises a steering return valve (40; also see “discharge pressure to one or more tanks”, paragraph [0040]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bares in view of Bebernes to arrive at the claimed invention and to provide cooling to the axle lubricant using existing hydraulic systems. Since Bares anticipated using existing hydraulic systems to provide cooling, a person of ordinary skill in the art, seeking to use the invention, would have been motivated to find existing hydraulic systems in the prior art to apply to Bares.
With respect to claim 20, Bares discloses: the work machine of claim 13, but is silent in teaching: teaching a steering valve return. However; Bares does disclose using hydraulic fluid from an existing hydraulic system in a work vehicle (see paragraph [0025]).
Bebernes discloses an example of a work vehicle (10, Fig. 1) having a hydraulic steering system (“hydraulic steering”, abstract), wherein the hydraulic steering system comprises a steering return valve (40; also see “discharge pressure to one or more tanks”, paragraph [0040]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bares in view of Bebernes to arrive at the claimed invention and to provide cooling to the axle lubricant using existing hydraulic systems. Since Bares anticipated using existing hydraulic systems to provide cooling, a person of ordinary skill in the art, seeking to use the invention, would have been motivated to find existing hydraulic systems in the prior art to apply to Bares.
Claim 7 is under 35 U.S.C. 103 as being unpatentable over Bares (US 20090050424 A1) in view of Steffens (US 20230278475 A1).
With respect to claim 7, Bares discloses the cooling system of claim 1, wherein a hydraulic fan return (52, Fig. 1) is coupled to the flow control device (54) but is silent in teaching that the system is applied to a diesel electric system.
Steffens discloses an example of a diesel-electric machine (see “diesel electric”, paragraph [0072]). The vehicle disclosed by Steffens is not provided with means for cooling and/ore lubricating the axles.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bares in view of Steffens by applying the cooling system disclosed by Bare to the vehicle disclosed by Steffens. Such a person would have been motivated to make the modification to provide lubrication and/or cooling to the axles of the vehicle disclosed by Steffens. Such a modification would also be considered an application of a known technique (axle cooling and lubricating as disclosed by Bares) to a known device (the vehicle disclosed by Steffens) to yield predictable results (a vehicle having an axle that is adequately cooled and lubricated).
Claims 8 and 17 rejected under 35 U.S.C. 103 as being unpatentable over Bares (US 20090050424 A1) in view of Hagen (US 20220305923 A1).
With respect to claim 8, Bares discloses the cooling system of claim 1, but is silent in teaching the cooling system applied to a battery electric system and an implement valve return coupled to the flow control device. Bares does disclose using hydraulic fluid from an existing hydraulic system in a work vehicle (see paragraph [0025]).
Hagen discloses a battery electric work vehicle (“electrically powered work vehicle”, abstract) comprising a hydraulic system including an implement valve return (117/119). Valves 117/119 are considered to be “implement valve returns” because they connect an implement’s (boom 118, see paragraph [0018]) actuators (116; also see paragraph [0018]) to a hydraulic tank for return of hydraulic fluid (see paragraph [0034]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Bares in view of Hagen to arrive at the claimed invention and to provide cooling to the axle lubricant using existing hydraulic systems. Since Bares anticipated using existing hydraulic systems to provide cooling, a person of ordinary skill in the art, seeking to use the invention, would have been motivated to find existing hydraulic systems in the prior art to apply to Bares.
With respect to claim 17, Bares discloses: the work machine of claim 13 but is silent in teaching the cooling system applied to a battery electric system and an implement valve return coupled to the flow control device. Bares does disclose using hydraulic fluid from an existing hydraulic system in a work vehicle (see paragraph [0025]).
Hagen discloses a battery electric work vehicle (“electrically powered work vehicle”, abstract) comprising a hydraulic system including an implement valve return (117/119). Valves 117/119 are considered to be “implement valve returns” because they connect an implement’s (boom 118, see paragraph [0018]) actuators (116; also see paragraph [0018]) to a hydraulic tank for return of hydraulic fluid (see paragraph [0034]).
Allowable Subject Matter
Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 16, the closest prior art of record is Bares (US 20090050424 A1). Bares discloses: a cooling system comprising: a hydraulic oil tank (40, Fig. 2); a return valve (70) connected to the hydraulic oil tank and configured to provide oil to a cooling circuit, the cooling circuit including a hydraulic oil cooling (HOC) element (58, Fig. 2) and an axle oil cooling (AOC) element (42/44, Fig. 1) connected in series (“disposed in series flow arrangement”, paragraph [0021]); and a flow control device (54, Fig. 2) configured to route oil away from the HOC (“bypassing heat exchanger 58”, paragraph [0029]) and toward the AOC (“through cooling circuits 42/44”, paragraph [0029]) based on an oil condition or a system condition ("extremely cold conditions", paragraph [0029]).
Bares further discloses using hydraulic fluid from an existing hydraulic system in a work vehicle (see paragraph [0025]); however, Bares does not disclose any second return valves and the cited prior art does not suggest modifying Bares to include more than one return valves.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and discloses hydraulic cooling systems for vehicles in general.
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/MATTHEW D LEE/ Examiner, Art Unit 3614
/PAUL N DICKSON/ Supervisory Patent Examiner, Art Unit 3614