DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 6, 2026 has been entered.
Response to Amendment
Claims 1-12, 14-16, 18-21 and 23 remain pending in the application.
Claim Objections
Claim 23 is objected to because of the following informalities:
in claim 23 line 1, “defines at least one” would be clearer if written as --defines the at least one--.
Appropriate correction is required.
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.
Claims 1-7, 12, 16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0271257 to Nelson in view of U. S. Patent Publication 2011/0116944 to Rohl, U. S. Patent 3,318,253 to Campolong, and U. S. Publication 2017/0159659 to Robillard.
Referring to claim 1, Nelson teaches a system comprising:
(a) an electric motor (16) comprising an output shaft (16a) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]);
(b) a compressor (12) comprising a drive shaft (12a) coupled to the output shaft (16a) of the electric motor (16) so that rotation of the electric motor (16) drives the compressor (12) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]);
(c) a hydraulic pump (14) comprising a drive shaft (14a) that is coupled to the output shaft (16a) of the electric motor (16) so that rotation of the electric motor (16) drives the hydraulic pump (14) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]); and
(d) a container (50) comprising at least one sidewall, wherein the container (50) defines an interior, wherein the electric motor (16), the hydraulic pump (14), and the compressor (12) are all received within the interior of the container (50), wherein the container defines at least one opening (“through connection to external flexible hose 22”) configured to communicate hydraulic fluid therethrough (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]).
It has been held that the recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex part Masham, 2 USPQ2d 1647 (1987). The recitation of the compressor being used with air is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and does not differentiate the claimed apparatus from the prior art.
Nelson teaches use of the hydraulic pump with a vehicle, but does not teach coupling of the hydraulic pump to at least one of: a hydraulic steering system of a vehicle, a hydraulic braking system of a vehicle, or an auxiliary system of a vocational vehicle. Rohl further teaches a system wherein:
the hydraulic pump (20) is configured to generate sufficient pressure in the hydraulic fluid for operation of an auxiliary function of a vocational vehicle or for operating steering or braking of a vehicle (paragraph [0014]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to use the system taught by Nelson, as modified by Rohl, in the vehicles taught by Rohl in order to use the pump for additional uses beyond the disclosed use already taught by Nelson.
Nelson and Rohl are silent as to cooling of the motor. Campolong teaches a system wherein:
a fluid pathway (shown by arrows) extending along an electric motor (inside 14), wherein the fluid pathway is configured to receive coolant (from 78) (Fig.; col. 5 line 39 - col. 7 line 17).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the system taught by Nelson with the motor cooling taught by Campolong in order to keep the motor from overheating. As taught by Robillard in paragraph [0057], it is well known in the art that electric motors produce heat, which therefore needs to be accounted for in the design of a pump, and Nelson is silent as to this known design concern.
Referring to claim 2, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, and Nelson further teaches a system wherein:
the drive shaft (12a) of the compressor (12) is coupled to the drive shaft (14a) of the hydraulic pump (14) so that that the compressor (12) and the hydraulic pump (14) are configured rotate at a same speed (Figures 1 and 2; paragraphs [0070]-[0084] and [0097], wherein since the shafts are directly connected they are therefore configured to rotate at a same speed).
Referring to claim 3, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, and Nelson further teaches a system wherein:
the output shaft (16a) of the electric motor (16), the drive shaft (12a) of the compressor (12), and the drive shaft (14a) of the hydraulic pump (14) are configured to rotate about a single axis (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]).
Referring to claim 4, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, and Nelson further teaches a system wherein:
the electric motor (16) comprises a housing, wherein one of the compressor (12) or the hydraulic pump (14) is coupled to the housing of the electric motor (16) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097], wherein the motor, and the housing thereof, the pump and the compressor are all coupled together and together coupled to wall 52 of the enclosure 50).
Referring to claim 5, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 4, as detailed above, and Nelson further teaches a system wherein:
the hydraulic pump (14) has a housing, wherein the compressor (12) has a housing, wherein the other of the compressor (12) or the hydraulic pump (14) is coupled to the housing of the one of the compressor (12) or the hydraulic pump (14) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097], wherein the motor, the pump and the compressor, with the housings thereof, are all coupled together and together coupled to wall 52 of the enclosure 50).
Referring to claim 6, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, and Nelson further teaches a system wherein:
the electric motor (16) comprises a housing, wherein the compressor (12) comprises a housing, wherein the housing of the compressor (12) is coupled to the housing of the electric motor (16) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097], wherein the motor, the pump and the compressor, with the housings thereof, are all coupled together and together coupled to wall 52 of the enclosure 50).
Referring to claim 7, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 6, as detailed above, and Nelson further teaches a system wherein:
the hydraulic pump (14) has a housing, wherein the housing of the hydraulic pump (14) is coupled to the housing of the compressor (12) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097], wherein the motor, the pump and the compressor, with the housings thereof, are all coupled together and together coupled to wall 52 of the enclosure 50).
Referring to claim 12, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, and Nelson further teaches a system wherein:
the compressor is a piston compressor, a scroll compressor, or a screw compressor (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]).
Referring to claim 16, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, but are silent as to cooling of the motor. Campolong further teaches a system wherein:
the electric motor (inside 14) has an outside periphery and an interior, wherein the system further comprises: (a) a first coolant line (75) partially defining the fluid pathway for coolant along the electric motor (inside 14), wherein a first segment of the first coolant line (75) is positioned along the outside periphery (75 outside 14) of the motor (75 inside 14) and a second segment (portion of 75 inside 14) of the first coolant line (75) is positioned along the interior of the electric motor (inside 14); and (b) a second coolant line (78) operably connected to the first coolant line (75) and partially defining the fluid pathway along the electric motor (inside 14), wherein a first segment (portion inside 14) of the second coolant line (78) is positioned along the interior of the electric motor (inside 14) and a second segment (portion outside 14) of the second coolant line (78) is positioned along the outside periphery of the electric motor (inside 14) (Fig.; col. 6 lines 57-69).
Referring to claim 18, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 8, as detailed above, and Nelson teaches a cylindrically shaped electric motor (16) (Fig. 1), but Nelson does not teach the details of cooling for the housing. Rohl does not teach an electric motor. Campolong further teaches a system wherein:
the electric motor (inside 14) with two oppositely facing sides, wherein first (75) and second (78) coolant lines are proximate to one of the oppositely facing sides of the motor, and wherein a pump (15) is positioned adjacent to the other oppositely facing sides (Fig.; col. 5 lines 41-61 and col. 6 lines 57-69).
Referring to claim 20, Nelson teaches a method comprising:
(a) coupling an output shaft (16a) of an electric motor (16) to a drive shaft (12) of a compressor (12) so that rotation of the electric motor (16) drives the compressor (12) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]);
(b) coupling the output shaft (16a) of the electric motor (16) to a drive shaft (14a) of a hydraulic pump (14) so that rotation of the electric motor (16) drives the hydraulic pump (14) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]); and
(c) positioning the electric motor (16), the hydraulic pump (14), and the compressor (12) within an interior of a container (50) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]).
Nelson teaches use of the hydraulic pump with a vehicle, but does not teach coupling of the hydraulic pump to at least one of: a hydraulic steering system of a vehicle, a hydraulic braking system of a vehicle, or an auxiliary system of a vocational vehicle. Rohl further teaches a system wherein:
fluidly coupling the hydraulic pump (20) to at least one of: a hydraulic steering system of a vehicle, a hydraulic braking system of a vehicle, or an auxiliary system of a vocational vehicle (paragraph [0014]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to use the method taught by Nelson, as modified by Rohl, in the vehicles taught by Rohl in order to use the pump for additional uses beyond the disclosed use already taught by Nelson.
Nelson does not teach the compressor used with air. Rohl teaches a method comprising:
an air compressor (18) (paragraph [0015]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to use the method taught by Nelson, with the air taught by Rohl in order to provide compressed used by the vehicle (paragraph [0015])..
Nelson and Rohl are silent as to cooling of the motor. Campolong teaches a system wherein:
an electric motor (inside 14) defines at least a portion of a fluid pathway for receiving coolant (from 78) (Fig.; col. 5 line 39 - col. 7 line 17).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the method taught by Nelson with the motor cooling taught by Campolong in order to keep the motor from overheating. As taught by Robillard in paragraph [0057], it is well known in the art that electric motors produce heat, which therefore needs to be accounted for in the design of a pump, and Nelson is silent as to this known design concern.
Claims 8 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0271257 to Nelson in view of U. S. Patent Publication 2011/0116944 to Rohl, U. S. Patent 3,318,253 to Campolong, U. S. Publication 2017/0159659 to Robillard and U. S. Patent Publication 2022/0220954 to Gim.
Referring to claim 8, Nelson, Rohl, Campolong and Robillard teach teaches a system comprising all the limitations of claim 7, as detailed above, but teach the pump between the compressor and the motor instead of the air compressor between the pump and the motor as claimed. Gim teaches a system wherein:
a housing of the hydraulic pump (300) is directly coupled to a housing of the air compressor (200), and wherein the housing of the air compressor (200) is directly coupled to the housing of the electric motor (100) (Figures 1 and 2; paragraphs [0031]-[0036]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to switch the locations of the pump and compressor taught by Nelson, as taught by Gim, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Referring to claim 21, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, but do not teach a vehicle with electric propulsion. Gim teaches a vehicle comprising:
an electric propulsion system (part of a hybrid vehicle) and a system (Figures 1 and 2; paragraphs [0027], [0033] and [0035]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to use the pump and compressor taught by Nelson, in a vehicle that also has electric propulsion, as taught by Gim, in order to provide a hybrid propulsion vehicle,
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2014/0271257 to Nelson in view of U. S. Patent Publication 2011/0116944 to Rohl, U. S. Patent 3,318,253 to Campolong, U. S. Publication 2017/0159659 to Robillard, U. S. Patent Publication 2022/0220954 to Gim and U. S. Patent Publication 2019/0154029 to Jochman.
Referring to claim 9, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, but do not teach a pressure sensor or pressure reducing valve. Gim teaches a system wherein:
the hydraulic pump (14) comprises an outlet (connected to hose 22), the system further comprising: a first pressure sensor (it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art that the system disclosed by Gim must include a pressure sensor connected to the control in order to operate as otherwise disclosed) in communication with the outlet of the hydraulic pump (300); a first valve (500) that is configured to reduce a pressure at the outlet of the hydraulic pump (300); and a controller (50) in operable communication with the motor (100), the pressure sensor and the first valve (500), wherein the controller (50) is configured to operate the first valve (500) to selectively reduce the pressure at the outlet of the hydraulic pump (300) (Fig. 1; paragraphs [0038]-[0040]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the system taught by Nelson with the valve, sensor and controller taught by Gim in order to prevent excessive discharge pressure which could damage the system.
Gim does not teach a pressure sensor or valve for the compressor. Jochman teaches a system wherein:
an air compressor (102) comprises an outlet (connected to 116), the system further comprising: a pressure sensor (108) in communication with the outlet of the air compressor (102); and a controller (114) in operable communication the pressure sensor (108) and a valve (111), wherein the controller (114) is configured to operate the valve (111) to selectively reduce the pressure at the outlet of the air compressor (102) (Fig. 1; paragraph [0051]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the system taught by Nelson with the valve, sensor and controller taught by Jochman in order to prevent excessive discharge pressure which could damage the system.
Referring to claim 10, Nelson, Rohl, Campolong, Robillard, Gim and Jochman teach a system comprising all the limitations of claim 9, as detailed above, but Nelson, Rohl, Campolong and Robillard do not teach a pressure sensor or pressure reducing valve. Gim further teaches a system wherein:
the first valve (500) is configured to reduce a pressure at the outlet of the hydraulic pump (300), wherein the controller (50) is configured to operate the first valve (500) to control the pressure at the outlet of the hydraulic pump (300) (Fig. 1; paragraphs [0038]-[0040]).
Gim does not teach a pressure sensor or valve for the compressor. Jochman further teaches a system wherein:
the system further comprising a valve (116) that is configured to reduce a pressure at the outlet of an air compressor (102), wherein the controller (114) is in operable communication with the valve (111), wherein the controller (114) is configured to operate the valve (111) to control the pressure at the outlet of the air compressor (102) (Fig. 1; paragraph [0051]).
Referring to claim 11, Nelson, Rohl, Campolong, Robillard, Gim and Jochman teach teaches a system comprising all the limitations of claim 9, as detailed above, but Nelson, Rohl, Campolong and Robillard do not teach a pressure sensor or pressure reducing valve. Gim further teaches a system wherein:
the controller (50) is configured to selectively turn the electric motor (100) on or off (Fig. 1; paragraphs [0038]-[0040]).
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0271257 to Nelson in view of U. S. Patent Publication 2011/0116944 to Rohl, U. S. Patent 3,318,253 to Campolong, U. S. Publication 2017/0159659 to Robillard and U.S. Patent 8,647,080 to Tsubai.
Referring to claim 14, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, but do not teach a container defines a plurality of openings to receive connectors for connecting to a mounting surface. Tsubai teaches a system wherein:
a container (1) defines a plurality of openings (3B) that are configured to receive therethrough connectors (11, 510) for connecting the container (1) to a mounting surface (81) (Fig. 1; col. 3 lines 9-39 and col. 4 lines 14-25).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the system taught by Nelson with the openings and connectors taught by Tsubai in order to secure the system to/within a larger system.
Referring to claim 15, Nelson, Rohl, Campolong, Robillard and Tsubai teach a system comprising all the limitations of claim 14, as detailed above, but do not teach a container defines a plurality of openings to receive connectors for connecting to a mounting surface. Tsubai further teaches a system comprising:
said connectors (11, 510), wherein the connectors (11, 510) comprise vibration isolators (11) and fasteners (510), wherein the connectors (11, 510) extend through respective openings (3B) of the plurality of openings (3B) (Fig. 1; col. 3 lines 9-39 and col. 4 lines 14-25).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0271257 to Nelson in view of U. S. Patent Publication 2011/0116944 to Rohl, U. S. Patent 3,318,253 to Campolong, U. S. Publication 2017/0159659 to Robillard and U. S. Patent Publication 2014/0216094 to Hoshika.
Referring to claim 19, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, but do not teach an insulating material. Hoshika teaches a system comprising:
an insulating material (10) positioned around a system (Fig. 1; paragraphs [0016], [0017] and [0019]-[0025]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the system taught by Nelson with the insulating material taught by Hoshika in order to dampen the noise of the system (paragraphs [0002] and [0004]).
Hoshika is silent as to the sound absorption coefficient of the insulating material. However, Hoshika teaches that the variable of the sound absorption coefficient effects the resulting sound deadening (paragraphs [0002] and [0004]). The sound absorption coefficient is accordingly a result effective variable. It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to use a insulating material which comprises a sound absorption coefficient from 0.3 to about 1.0, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Aller, 105 USPQ 233, In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2014/0271257 to Nelson in view of U. S. Patent Publication 2011/0116944 to Rohl, U. S. Patent 3,318,253 to Campolong, U. S. Publication 2017/0159659 to Robillard and U. S. Patent Publication2006/0275147 to Stecher.
Referring to claim 23, Nelson, Rohl, Campolong and Robillard teach a system comprising all the limitations of claim 1, as detailed above, and Nelson further teaches a system wherein:
the container (50) defines at least one opening therethrough (for the inlet and outlet) wherein the at least one opening is fluidly coupled to the hydraulic pump (14) (Figures 1 and 2; paragraphs [0070]-[0084] and [0097]).
Nelson, Rohl, Campolong and Robillard do not teach bulkhead fittings. Stecher teaches a system comprising:
at least one bulkhead fitting (“hydraulic fitting”), wherein each bulkhead fitting (“hydraulic fitting”) of the at least one bulkhead fitting (“hydraulic fitting”) is positioned within a respective opening (10) of at least one opening (10) through a container (paragraph [0025]).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the system taught by Nelson with the fittings taught by Stecher in order to use a standard NPT pipe thread connection (paragraph [0025]).
Response to Arguments
Applicant's arguments filed on April 6, 2026 have been considered but, are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746
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