DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This office action is in response to application number 18/576,666 filed on 01/04/2024, in
which the amendments and arguments filed on 10/21/2025.
Claims 1 has been amended.
No claims have been added.
No claims have been cancelled.
Claims 1-7 are currently pending and have been examined.
Priority
3. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C 119
(a)-(d). The certified copy has been filed in parent Application No.JP2021-116238, filed on
07/14/2021.
Information Disclosure Statement
4. The information disclosure statements (IDS(s)) submitted on 01/04/2024 and 10/01/2024 has been received and considered.
Response to Amendment
5. Applicant' s amendments to the Claims have overcome the rejection previously set forth in the Non-Final Office Action mailed 07/28/2025. Applicants arguments, see page 6-8 filed on 10/21/2025, with respect to the rejection(s) of claim 1-7 under USC 103 is persuasive. Therefore, a new grounds for rejection is made under 35 USC 103 as necessitated by amendment as being unpatentable over Saito (JP 2021050805 A) in view of Ueda (US 20150299987 A1) further in view of Umetsu (JP 5277201 B2) and further in view of Matsuzaki (US 20140196793 A1).
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.
6. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito (JP 2021050805 A) in view of Ueda (US 20150299987 A1).
Regarding claim 1, Saito discloses A construction machine, comprising: a tank that stores hydraulic oil; (Saito Paragraph 0038: “The hydraulic excavator 100 according to the present embodiment further includes a liquid level indicator 32 attached to the hydraulic oil tank 30,”) a main pump that is a hydraulic pump that discharges the hydraulic oil sucked from the tank; (Saito Paragraph 0028: “The charge pump 12 sucks the hydraulic oil from the hydraulic oil tank 30 through the suction flow path 13 and discharges it to the flow path 14.”) a hydraulic actuator that receives supply of the hydraulic oil from the main pump to operate: (Saito Paragraph 0004: “In order to save energy in the hydraulic system itself, a hydraulic closed circuit (hereinafter referred to as closed circuit) that connects the hydraulic pump and the hydraulic actuator in a closed circuit and directly controls the speed of the hydraulic actuator by controlling the flow rate of the hydraulic pump”) a direction switching valve that controls supply and discharge of the hydraulic oil between the main pump and the hydraulic actuator; (Saito Paragraph 0019: “boom cylinder 1 which is a hydraulic actuator in a closed circuit.”) (Saito Paragraph 0021: “The closed circuit switching valve 26 has a flow position for putting the flow paths 15 and 16 and the flow paths 17 and 18 in the flow state and a cutoff position for putting the flow paths 17 and 18 in the cutoff state, respectively, and opens and closes received from a control device (not shown).”) (Saito Paragraph 0021: “The two discharge ports of the closed circuit pump 11 are connected to the flow paths 15 and 16 which are the upstream side flow paths of the closed circuit, respectively, and are connected to the boom cylinder 1 via the closed circuit switching valve 26 and the flow paths 17 and 18.”)
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a relief valve that opens to limit a pressure of a pump discharge line that is a line between the main pump and the direction switching valve; (Saito Paragraph 0023: “In the charge circuit, when the pressure in the flow paths 15, 16, 17, and 18 drops below the set pressure of the relief valve 22, the hydraulic oil discharged by the charge pump 12 flows through the check valves 23a, 23b, 24a, and 24b. It is supplied to the passages 15, 16, 17, and 18 and the minimum pressure of the flow paths 15, 16, 17, and 18 is maintained at a pressure equal to the set pressure of the relief valve 22.”)
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[…] and an air bleed line that connects the relief valve (Saito Paragraph 0025: “air bleeding valves 27 and 28 as the circuit switch.”) (Saito Paragraph 0023: “relief valve 22.”)
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[…] wherein the relief valve includes: a first port connected to a first line connecting the relief valve and the main pump:
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a second port connected to a second line connecting the relief valve and the tank; (Saito Paragraph 0022: “Further, the flow path branched from the flow path 14 is connected to the hydraulic oil tank 30 via the relief valve 22.”) and an air bleed port connected to an upstream end of the air bleed line. (Saito Paragraph 0025: “The flow paths 15 and 16 which are the upstream side flow paths of the closed circuit are connected to the flow path 29 as the air bleeding flow path via the air bleeding valves 27 and 28 as the circuit switch.”) (Note: The dots on the graph represent ports. Ex. Saito Paragraph 0054: “An external port 50 is provided on the discharge flow path 14 of the charge pump 12. The discharge flow path 52 of the electric pump 51 can be connected to the external port 50.”)
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Saito does not disclose […] a back pressure generation mechanism that is disposed on a return line as a line connected to the tank and generates a back pressure in the return line; […] and a portion downstream from the back pressure generation mechanism on the return line,
However, Ueda does teach […] a back pressure generation mechanism that is disposed on a return line as a line connected to the tank and generates a back pressure in the return line; […] and a portion downstream from the back pressure generation mechanism on the return line, (Ueda Paragraph 0006: “The back-pressure system includes a hydraulic pump 50; a hydraulic actuator exemplified as a hydraulic motor shown in FIG. 5; a control valve 54; a return pipe line 56 connecting the control valve 54 to a tank T; and a back-pressure compensation valve 58 disposed in the return pipe line 56. The back-pressure compensation valve 58 is generally constituted of a fixed type having a fixed setting pressure, adapted to generate back pressure corresponding to the setting pressure.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective
filing date of the claimed invention to have modified Saito to include […] a back pressure generation mechanism that is disposed on a return line as a line connected to the tank and generates a back pressure in the return line; […] and a portion downstream from the back pressure generation mechanism on the return line, taught by Ueda. This would have been for the benefit to provide a construction machine capable of realizing both of prevention of cavitation from occurring and decreasing power loss. [Ueda Paragraph 0010]
7. Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito (JP 2021050805 A) in view of Ueda (US 20150299987 A1) and further in view of Umetsu (JP 5277201 B2).
Regarding claim 2, Saito in view of Ueda teaches claim 1, accordingly, the rejection of claim 1 is incorporated above.
Saito in view of Ueda does not teach The construction machine according to claim 1, further comprising an air bleed switching valve capable of switching between an allowed state where the hydraulic oil from the relief valve is allowed to flow to the tank through the air bleed line and a blocked state where the hydraulic oil from the relief valve is blocked from flowing to the tank through the air bleed line.
However, Umetsu does teach The construction machine according to claim 1, further comprising an air bleed switching valve capable of switching between an allowed state where the hydraulic oil from the relief valve is allowed to flow to the tank through the air bleed line and a blocked state where the hydraulic oil from the relief valve is blocked from flowing to the tank through the air bleed line. (Umetsu Paragraph 0040: “The most significant feature of this embodiment is that the hydraulic oil tank 39 is branched and connected upstream of the connection point (branch point) of the pressure relief oil passage 50 in the discharge oil passage 47 of the pilot pump 41 and downstream of the filter 52. An air vent oil passage 53 connected to the air vent and an air vent valve (solenoid valve) 54 interposed in the air vent oil passage 53 are provided. The solenoid part of the air vent valve 54 is connected in parallel with the solenoid part of the lock valve 49. For example, when the lock levers 31A and 31B are in the lock position (upward position), the contact of the lock switch 32 is opened, and the air vent valve 54 is in the switching position on the left side in FIG. 53 is communicated. On the other hand, for example, when the lock levers 31A and 31B are in the unlocked position (lowered position), the contact of the lock switch 32 is closed, and the air vent valve 54 is in the switching position on the right side in the drawing, The path 53 is blocked.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Saito in view of Ueda to include The construction machine according to claim 1, further comprising an air bleed switching valve capable of switching between an allowed state where the hydraulic oil from the relief valve is allowed to flow to the tank through the air bleed line and a blocked state where the hydraulic oil from the relief valve is blocked from flowing to the tank through the air bleed line taught by Umetsu. This would have been for the benefit to provide a hydraulic drive device for construction machinery capable of bleeding air from a pilot pump and a connecting pipe thereto, and increasing the flexibility of the layout of devices. [Umetsu Page 1, line number 1-2]
Regarding claim 3, Saito in view of Ueda and further in view of Umetsu teaches claim 2, accordingly, the rejection of claim 2 is incorporated above.
Saito does not disclose The construction machine according to claim 2, further comprising: an operation lever to which an operation for operating the hydraulic actuator is given; a locking mechanism that receives an operation for switching a state of a hydraulic circuit between an unlocked state where the hydraulic actuator is permitted to operate in response to the operation given to the operation lever and a locked state where the hydraulic actuator is prevented from operating in response to the operation given to the operation lever: and a controller, wherein the controller outputs a command signal for switching the air bleed switching valve from the allowed state to the blocked state in a case where the state of the hydraulic circuit is switched from the locked state to the unlocked state.
However, Ueda does teach The construction machine according to claim 2, further comprising: an operation lever to which an operation for operating the hydraulic actuator is given; (Ueda Paragraph 0019: “The hydraulic circuit further includes remote control valves 22 to 27 that are operation units provided for the control valves 16 to 21, respectively. Each of the control valves 16 to 21 comprises a pilot controlled selector valve with a pair of pilot ports. The remote control valves 22 to 27 are disposed between the pilot pump 12 and the pilot ports of respective control valves 16 to 21 corresponding to the remote control valves 22 to 27, respectively. Each of the remote control valves 22 to 27 includes an operation lever that is an operation member receiving an operation to move the corresponding control valve,”) a locking mechanism that receives an operation for switching a state of a hydraulic circuit between an unlocked state where the hydraulic actuator is permitted to operate in response to the operation given to the operation lever and a locked state where the hydraulic actuator is prevented from operating in response to the operation given to the operation lever: (Ueda Paragraph 0020: “The hydraulic circuit further includes a return pipe line 28 collectively connecting respective exit sides of the control valves 16 to 21 to the tank T; a back-pressure compensation valve 29 that causes back pressure in the return pipe line 28; a pilot pipe line 30; a back-pressure selector valve 31; a hydraulic lock valve 33;”) (Ueda Paragraph 0024: “The hydraulic lock valve 33 comprises a solenoid-operated selector valve, having a lock position 33a for shutting off the pilot line to thereby intercept the supply of the pilot primary pressure from the pilot pump 12 to all the remote control valves 22 to 27 and an unlock position 33b for opening the pilot line to allow the pilot primary pressure to be supplied to each of the remote control valves 22 to 27.”) (Ueda Paragraph 0034: “Besides, the hydraulic lock valve 33 is set at the unlock position 33b, when the gate lever 34 is closed and the machine is therefore being operated, thereby permitting the pilot primary pressure to be supplied from the pilot pump 12 to all the remote control valves 22 to 27 and also permits the pilot pressure to be supplied to the back-pressure compensation valve 29.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective
filing date of the claimed invention to have modified Saito to include The construction machine according to claim 2, further comprising: an operation lever to which an operation for operating the hydraulic actuator is given; a locking mechanism that receives an operation for switching a state of a hydraulic circuit between an unlocked state where the hydraulic actuator is permitted to operate in response to the operation given to the operation lever and a locked state where the hydraulic actuator is prevented from operating in response to the operation given to the operation lever: taught by Ueda. This would have been for the benefit to provide a construction machine capable of realizing both of prevention of cavitation from occurring and decreasing power loss. [Ueda Paragraph 0010]
Ueda does not teach […] and a controller, wherein the controller outputs a command signal for switching the air bleed switching valve from the allowed state to the blocked state in a case where the state of the hydraulic circuit is switched from the locked state to the unlocked state
However, Umetsu does teach […] and a controller, wherein the controller outputs a command signal for switching the air bleed switching valve from the allowed state to the blocked state in a case where the state of the hydraulic circuit is switched from the locked state to the unlocked state. (Umetsu Paragraph 0038: “A lock valve (electromagnetic valve) 49”) (Umetsu Paragraph 0038: “For example, when the lock levers 31A and 31B are in the lock position (upward position), the contact of the lock switch 32 is opened, and the air vent valve 54 is in the switching position on the left side in FIG. 53 is communicated. On the other hand, for example, when the lock levers 31A and 31B are in the unlocked position (lowered position), the contact of the lock switch 32 is closed, and the air vent valve 54 is in the switching position on the right side in the drawing, The path 53 is blocked.”) (Umetsu Paragraph 0045: “That is, the operation devices 27A and 27B may include a displacement detector that outputs an electric operation signal according to the operation direction and the operation amount of the operation lever, for example. In this case, a controller that generates a control signal in response to an electrical operation signal from the operating devices 27A and 27B and a pilot valve (electromagnetic valve) that generates a pilot pressure in response to the control signal from the controller are provided.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Saito in view of Ueda to include […] and a controller, wherein the controller outputs a command signal for switching the air bleed switching valve from the allowed state to the blocked state in a case where the state of the hydraulic circuit is switched from the locked state to the unlocked state taught by Umetsu. This would have been for the benefit to provide a hydraulic drive device for construction machinery capable of bleeding air from a pilot pump and a connecting pipe thereto, and increasing the flexibility of the layout of devices. [Umetsu Page 1, line number 1-2]
Regarding claim 4, Saito in view of Ueda and further in view of Umetsu teaches claim 3, accordingly, the rejection of claim 3 is incorporated above.
Saito does not disclose The construction machine according to claim 3, wherein the main pump is a variable displacement type hydraulic pump, and the controller outputs a command signal for increasing a capacity of the main pump when the air bleed switching valve is in the allowed state.
However, Ueda does teach The construction machine according to claim 3, wherein the main pump is a variable displacement type hydraulic pump, (Ueda Paragraph 0017: “The hydraulic circuit includes first and second hydraulic pumps 10 and 11 each being a variable displacement one driven by the engine;”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective
filing date of the claimed invention to have modified Saito to include The construction machine according to claim 3, wherein the main pump is a variable displacement type hydraulic pump, taught by Ueda. This would have been for the benefit to provide a construction machine capable of realizing both of prevention of cavitation from occurring and decreasing power loss. [Ueda Paragraph 0010]
Saito in view of Ueda does not teach […] and the controller outputs a command signal for increasing a capacity of the main pump when the air bleed switching valve is in the allowed state.
However, Umetsu does teach […] and the controller outputs a command signal for increasing a capacity of the main pump when the air bleed switching valve is in the allowed state. (Umetsu Paragraph 0037: “On the other hand, for example, when the lock levers 31A and 31B are in the unlocked position (lowered position), the contact of the lock switch 32 is closed and the lock valve 49 is in the switching position on the right side in the figure, and the discharge of the pilot pump 41 is performed.”) (Umetsu Paragraph 0038: “A lock valve (electromagnetic valve) 49”) (Umetsu Paragraph 0038: “For example, when the lock levers 31A and 31B are in the lock position (upward position), the contact of the lock switch 32 is opened, and the air vent valve 54”) (Umetsu Paragraph 0045: “That is, the operation devices 27A and 27B may include a displacement detector that outputs an electric operation signal according to the operation direction and the operation amount of the operation lever, for example. In this case, a controller that generates a control signal in response to an electrical operation signal from the operating devices 27A and 27B and a pilot valve (electromagnetic valve) that generates a pilot pressure in response to the control signal from the controller are provided.”) (Note: Air vent valve is the air bleed valve)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Saito in view of Ueda to include […] and the controller outputs a command signal for increasing a capacity of the main pump when the air bleed switching valve is in the allowed state taught by Umetsu. This would have been for the benefit to provide a hydraulic drive device for construction machinery capable of bleeding air from a pilot pump and a connecting pipe thereto, and increasing the flexibility of the layout of devices. [Umetsu Page 1, line number 1-2]
Regarding claim 5, Saito in view of Ueda and further in view of Umetsu teaches claim 3, accordingly, the rejection of claim 3 is incorporated above.
Saito in view of Ueda does not teach The construction machine according to claim 3, wherein the air bleed switching valve is an electromagnetic switching valve, and the controller outputs, to the air bleed switching valve, a blocking signal that is a command signal for switching the air bleed switching valve to the blocked state, in a case where an automatic load operation involving discharging the hydraulic oil from the main pump is executed when the hydraulic circuit is in the locked state.
However, Umetsu does teach The construction machine according to claim 3, wherein the air bleed switching valve is an electromagnetic switching valve, (Umetsu Paragraph 0038: “A lock valve (electromagnetic valve) 49”) (Umetsu Paragraph 0044: “In the above-described embodiment, the lock valve 49 and the air vent valve 54 are described as an example of an electromagnetic operation type”) and the controller outputs, to the air bleed switching valve, a blocking signal that is a command signal for switching the air bleed switching valve to the blocked state, (Umetsu Paragraph 0038: “On the other hand, for example, when the lock levers 31A and 31B are in the unlocked position (lowered position), the contact of the lock switch 32 is closed, and the air vent valve 54 is in the switching position on the right side in the drawing, The path 53 is blocked.”) (Umetsu Paragraph 0045: “That is, the operation devices 27A and 27B may include a displacement detector that outputs an electric operation signal according to the operation direction and the operation amount of the operation lever, for example. In this case, a controller that generates a control signal in response to an electrical operation signal from the operating devices 27A and 27B and a pilot valve (electromagnetic valve) that generates a pilot pressure in response to the control signal from the controller are provided.”) in a case where an automatic load operation involving discharging the hydraulic oil from the main pump is executed (Umetsu Paragraph 0039: “switching position on the left side in the figure, and the discharge oil of the pilot pump 41 is discharged.”) when the hydraulic circuit is in the locked state. (Umetsu Paragraph 0025: “Further, on both the left and right sides of the lever stand 19 (in other words, the entrance / exit), an unlock position (specifically, a lowered position that prevents the driver from getting on and off) and a lock position”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Saito in view of Ueda to include The construction machine according to claim 3, wherein the air bleed switching valve is an electromagnetic switching valve, and the controller outputs, to the air bleed switching valve, a blocking signal that is a command signal for switching the air bleed switching valve to the blocked state, in a case where an automatic load operation involving discharging the hydraulic oil from the main pump is executed when the hydraulic circuit is in the locked state taught by Umetsu. This would have been for the benefit to provide a hydraulic drive device for construction machinery capable of bleeding air from a pilot pump and a connecting pipe thereto, and increasing the flexibility of the layout of devices. [Umetsu Page 1, line number 1-2]
8. Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saito (JP 2021050805 A) in view of Ueda (US 20150299987 A1) further in view of Umetsu (JP 5277201 B2) and further in view of Matsuzaki (US 20140196793 A1).
Regarding claim 6, Saito in view of Ueda and further in view of Umetsu teaches claim 5, accordingly, the rejection of claim 5 is incorporated above.
Saito in view of Ueda does not teach The construction machine according to claim 5, further comprising a pressure sensor that detects a pressure of the pump discharge line, wherein the controller outputs the blocking signal to the air bleed switching valve in a case where the pressure detected by the pressure sensor exceeds a predetermined threshold.
However, Umetsu does teach […] wherein the controller outputs the blocking signal to the air bleed switching valve (Umetsu Paragraph 0036: “A lock valve (electromagnetic valve) 49”) (Umetsu Paragraph 0037: “On the other hand, for example, when the lock levers 31A and 31B are in the unlocked position (lowered position), the contact of the lock switch 32 is closed and the lock valve 49 is in the switching position on the right side in the figure”) (Umetsu Paragraph 0038: “On the other hand, for example, when the lock levers 31A and 31B are in the unlocked position (lowered position), the contact of the lock switch 32 is closed, and the air vent valve 54 is in the switching position on the right side in the drawing, The path 53 is blocked.”) (Umetsu Paragraph 0045: “That is, the operation devices 27A and 27B may include a displacement detector that outputs an electric operation signal according to the operation direction and the operation amount of the operation lever, for example. In this case, a controller that generates a control signal in response to an electrical operation signal from the operating devices 27A and 27B and a pilot valve (electromagnetic valve) that generates a pilot pressure in response to the control signal from the controller are provided.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Saito in view of Ueda to include […] wherein the controller outputs the blocking signal to the air bleed switching valve taught by Umetsu. This would have been for the benefit to provide a hydraulic drive device for construction machinery capable of bleeding air from a pilot pump and a connecting pipe thereto, and increasing the flexibility of the layout of devices. [Umetsu Page 1, line number 1-2]
Umetsu does not teach The construction machine according to claim 5, further comprising a pressure sensor that detects a pressure of the pump discharge line, […] in a case where the pressure detected by the pressure sensor exceeds a predetermined threshold.
However, Matsuzaki does teach The construction machine according to claim 5, further comprising a pressure sensor that detects a pressure of the pump discharge line, (Matsuzaki Paragraph 0065: “pump discharge pressure detected by the oil pressure sensor 30”) […] in a case where the pressure detected by the pressure sensor exceeds a predetermined threshold. (Matsuzaki Paragraph 0065: “In step 1002, it is determined whether the pump discharge pressure detected by the oil pressure sensor 30 is greater than the predetermined threshold P.sub.dth.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Saito in view of Ueda further in view of Umetsu to include The construction machine according to claim 5, further comprising a pressure sensor that detects a pressure of the pump discharge line, […] in a case where the pressure detected by the pressure sensor exceeds a predetermined threshold taught by Matsuzaki. This would have been for the benefit to provide a hydraulic control apparatus is provided which controls a hydraulic pump in a construction machine in which a hydraulic actuator is connected to the hydraulic pump via a directional control valve of a closed center type, and in which an unloading valve, which is connected to a tank, is provided between the directional control valve and the hydraulic pump. [Matsuzaki Paragraph 0005]
Regarding claim 7, Saito in view of Ueda and further in view of Umetsu teaches claim 3, accordingly, the rejection of claim 3 is incorporated above.
Saito does not disclose The construction machine according to claim 3, further comprising an unloading valve that opens to allow the hydraulic oil discharged from the main pump to flow to the return line without supply to the hydraulic actuator, wherein the controller outputs a command signal for opening the unloading valve when the hydraulic circuit is in the locked state.
However, Ueda does teach […] when the hydraulic circuit is in the locked state. (Ueda Paragraph 0020: “The hydraulic circuit further includes a return pipe line 28 collectively connecting respective exit sides of the control valves 16 to 21 to the tank T; a back-pressure compensation valve 29 that causes back pressure in the return pipe line 28; a pilot pipe line 30; a back-pressure selector valve 31; a hydraulic lock valve 33;”) (Ueda Paragraph 0039: “when the hydraulic lock valve 33 is shifted to the lock position 33a”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective
filing date of the claimed invention to have modified Saito to include […] when the hydraulic circuit is in the locked state taught by Ueda. This would have been for the benefit to provide a construction machine capable of realizing both of prevention of cavitation from occurring and decreasing power loss. [Ueda Paragraph 0010]
Ueda further in view of Umetsu does not teach The construction machine according to claim 3, further comprising an unloading valve that opens to allow the hydraulic oil discharged from the main pump to flow to the return line without supply to the hydraulic actuator, wherein the controller outputs a command signal for opening the unloading valve
However, Matsuzaki does teach The construction machine according to claim 3, further comprising an unloading valve that opens to allow the hydraulic oil discharged from the main pump to flow to the return line without supply to the hydraulic actuator, (Matsuzaki Paragraph 0024: “The unloading valve 18 is connected to the return line 14 connecting to the tank T.”) (Matsuzaki Paragraph 0024: “The unloading valve 18 may be controlled according to open/closed states of fluid paths (actuator lines) in the directional control valves 20, 22 and 24 to the respective actuators”) (Matsuzaki Paragraph 0024: “On the other hand, the unloading valve 18 may be opened when all the actuator lines in the directional control valves 20, 22 and 24 are closed to form such a state in which the oil discharged from the hydraulic pump 11”) wherein the controller outputs a command signal for opening the unloading valve (Matsuzaki Paragraph 0027: “The operation members 40 and 42 are to be operated by a user for changing the positions of the directional control valves 20, 22 and 24 to operate the construction machine 1.”) (Matsuzaki Paragraph 0028: “The controller 10 controls the directional control valves 20, 22 and 24 and the unloading valve 18 based on the operation amounts of the operation members 40, 42 and 43, etc.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Saito in view of Ueda further in view of Umetsu to include The construction machine according to claim 3, further comprising an unloading valve that opens to allow the hydraulic oil discharged from the main pump to flow to the return line without supply to the hydraulic actuator, wherein the controller outputs a command signal for opening the unloading valve taught by Matsuzaki. This would have been for the benefit to provide a hydraulic control apparatus is provided which controls a hydraulic pump in a construction machine in which a hydraulic actuator is connected to the hydraulic pump via a directional control valve of a closed center type, and in which an unloading valve, which is connected to a tank, is provided between the directional control valve and the hydraulic pump. [Matsuzaki Paragraph 0005]
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 KEVIN J HARVEY whose telephone number is 571-272-5327. The examiner can normally be reached 8:00AM-5:00PM M-Th, 8:00AM-4:00PM F.
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/K.J.H./Junior Patent Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664