DETAILED ACTION
This office action is in response to the amendments to the claims filed on 12 December 2025. Claims 1 – 4 and 14 – 16 are pending and currently being examined.
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 .
Priority
The priority document made of record on 23 November 2025 has been reviewed. The conditions of 35 USC 119 (a-d) have been met.
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.
Claim(s) 1 – 3 and 14 – 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tonnqvist (PG Pub US 20200256332 A1) in view of Zhong (Chinese Patent CN 114687976 A, Machine Translation provided).
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In Re Claims 1 – 3, Tonnqvist discloses an electro-hydraulic apparatus (Figure 3) comprising: a base structure (15, 16); a hydraulic machine comprising a revolver (18) including a plurality of cylinders (19), at least one piston plate (26; see annotated figure above; labeled in Figure 2A), and a plurality of pistons (28) rigidly fixed to the at least one piston plate (26) and are immovable relative to the at least one piston plate (26) that the plurality of pistons (28) are rigidly fixed to (since they are integral to the piston plate as depicted), each piston (28) being arranged to reciprocate inside one of the cylinders (19) during rotation of the revolver (18) to perform suction strokes and discharge strokes, each piston plate (26) has a main extension plane (surface of 26 adjacent to piston 28), and wherein each piston (28) is fixed in an orientation perpendicular to the associated main extension plane; one or more of the pistons (28) fixed to one or more of the at least one piston plate (26) are hollow such that hydraulic fluid can pass through the pistons (paragraphs [0002], [0022] - [0025]; Figures 1, 3).
Tonnqvist does not disclose an electric machine.
However, Zhong discloses an electro-hydraulic apparatus (Figure 18 embodiment) comprising: a base structure (31, 32, 33); an electric machine comprising a stator (8) fixed to the base structure (part 31; not labeled in this embodiment) and a rotor (9) rotatable about a rotation axis (depicted central horizontal line), the rotor (9) being positioned radially inside of the stator (8) with respect to the rotation axis; and a hydraulic machine comprising a revolver (11) fixed to the rotor (9) and including a plurality of cylinders (80, not labeled in this embodiment, each cylinder described as “plunger cavity”), at least one piston plate (40), and a plurality of pistons (70) fixed (via a ball socket joint) to the at least one piston plate (40), each piston (70) being arranged to reciprocate inside one of the cylinders (80) during rotation of the revolver (11) to perform suction strokes and discharge strokes (Translation: Page 3, Lines 34 – 48; Page 5, Line 27 – Page 6, Line 10; Page 11, Lines 13 – 20; Figures 17 – 18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed the invention to modify the revolver of Tonnqvist to include a rotor as taught by Zhong and to modify the base structure of Tonnqvist to include a stator as taught by Zhong for the purpose of increasing efficiency because the motor and pump are integrated thus eliminating the need for couplings (Zhong Translation Page 4, Lines 21 – 24).
In Re Claim 14, the combined references above disclose all the limitations of Claim 1, and Tonnqvist discloses that the at least one piston plate (26) comprises a first piston plate (see annotated figure above) and a second piston plate (see figure above to the right) arranged on an opposite side of the revolver (18) with respect to the first piston plate as depicted in Figure 3.
In Re Claim 15, the combined references above disclose all the limitations of Claim 1, and Figure 1 of Tonnqvist discloses two hydraulic ports (see lower label 12/14) on a same side of the revolver as the first piston plate (26) and two hydraulic ports (see upper label 12/14) on a same side of the revolver as the second piston plate (26), and wherein at least one hydraulic port of the hydraulic ports on the same side of the revolver as the first piston plate (see annotated figure above showing first and second piston plates) is in fluid communication with at least one hydraulic port of the hydraulic ports on the same side of the revolver as the second piston plate (because the hollow of the pistons 28 in both pistons communicate with each other via chamber 18).
Claim(s) 1, 4 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galfre (PG Pub US 20170152832 A1) in view of Zhong (Chinese Patent CN 114687976 A, Machine Translation provided).
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In Re Claims 1, 4 and 16, Galfre discloses an electro-hydraulic apparatus (Figure 8) comprising: a base structure (14, 16, 18); a hydraulic machine comprising a revolver (28, 32) including a plurality of cylinders (70), at least one piston plate (32 or 44), and a plurality of pistons (34 or 46) rigidly fixed to the at least one piston plate (32 or 44), and are immovable relative to the at least one piston plate (32 or 44) that the plurality of pistons (34 or 36) are rigidly fixed (although “rigidly” is not explicitly stated in paragraph [0024], It would be apparent to one skilled in the art in view of the description and figures that they are rigidly fixed) to, each piston (34 or 36) being arranged to reciprocate inside one of the cylinders (70) during rotation of the revolver (28, 32) to perform suction strokes and discharge strokes, the hydraulic machine is arranged to provide pressurized hydraulic fluid to an inner region (see annotated figure above) radially inside of the cylinders (70), and axially within the base structure (14, 16, 18), with respect to the rotation axis, at least one hydraulic port (132) of the hydraulic ports on the same side of the revolver as the first piston plate (32) and at least one hydraulic port (124) of the hydraulic ports on the same side of the revolver as the second piston plate (44) are in fluid communication through the inner region (128), (paragraphs [0021] - [0026], [0030], [0031], [0040]; Figures 2, 3, 4, 8).
Galfre does not disclose an electric machine.
However, Zhong discloses an electro-hydraulic apparatus (Figure 18 embodiment) comprising: a base structure (31, 32, 33); an electric machine comprising a stator (8) fixed to the base structure (part 31; not labeled in this embodiment) and a rotor (9) rotatable about a rotation axis (depicted central horizontal line), the rotor (9) being positioned radially inside of the stator (8) with respect to the rotation axis; and a hydraulic machine comprising a revolver (11) fixed to the rotor (9) and including a plurality of cylinders (80, not labeled in this embodiment, each cylinder described as “plunger cavity”), at least one piston plate (40), and a plurality of pistons (70) fixed (via a ball socket joint) to the at least one piston plate (40), each piston (70) being arranged to reciprocate inside one of the cylinders (80) during rotation of the revolver (11) to perform suction strokes and discharge strokes (Translation: Page 3, Lines 34 – 48; Page 5, Line 27 – Page 6, Line 10; Page 11, Lines 13 – 20; Figures 17 – 18).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed the invention to modify the revolver of Galfre to include a rotor as taught by Zhong and to modify the base structure of Galfre to include a stator as taught by Zhong for the purpose of increasing efficiency because the motor and pump are integrated thus eliminating the need for couplings (Zhong Translation Page 4, Lines 21 – 24).
Response to Arguments
Applicant has argued on Page 7 of Applicant’s Response that: “Lastly, regarding the rejection of Claim 1 under 35 U.S.C. 103 based on Tonnqvist in view of Zhong, the Office Action appears to state that the valve/port plates 24 in Tonnqvist would be piston plates according to claim 1”.
Examiner’s Response: The examiner hereby clarifies that the element labeled (26) in Tonnqvist is being designated the piston plate of Claim 1 as elaborated in the rejection above (element 24 is NOT being designated the claimed piston plate). The related arguments made by applicant are therefore moot.
Applicant has argued on Page 8 of Applicant’s Response that: “First, Applicant respectfully submits that there is no motivation to combine Tonnqvist and Galfre with Zhong, as Tonnqvist and Galfre do not include an electric machine, and hence no coupling between an electric machine and a hydraulic machine. There is therefore no need in Tonnqvist or Glafre to remove coupling since the coupling fails to exist in Tonnqvist and Glafre”.
Examiner’s Response: Tonnqvist is silent with regards to how the axle (20; Figure 3) is driven, which would motivate one skilled in the art to utilize the drive of Zhong in order to create/provide a fully functional apparatus. The drive of Zhong is an electric machine which requires both the stator and rotor.
Applicant has argued on Page 8 of Applicant’s Response that “Second, the stated motivation to combine by the Office Action is merely conclusory and lacks factual support from the references themselves”.
Examiner’s Response: The office action clearly identifies Page 4, Lines 21 – 24 of Zhong for motivation. Note also that the “Background Technique” section of Zhong describes the drawbacks of providing a separate motor, such as large occupied volume.
Applicant has argued on Page 8 of Applicant’s Response that “In the abstract of Zhong, this is referred to as a high electro-hydraulic fusion. Zhong teaches several features as essential for this high-electro-hydraulic fusion, for example in the abstract and in claim 1 of Zhong. One of these essential features is the sliding plate 50”.
Examiner’s Response: Neither the Abstract nor Claim 1 mentions anything about the sliding plate slidingly supporting the plungers being a critical feature to the invention. Label 50 is referred to as sliding plate because it slides relative to swashplate 40. Just because there is relative movement between the pistons and the piston-plate in Zhong does not make the device any less compact, which is what the objective of Zhong is - (Abstract: "all-in one machine", "has the characteristics of a compact structure")
Applicant has argued on Page 8 of Applicant’s Response that The sliding plate 50 slidingly supports the plungers 70. See for example the second paragraph of page 9 of the English machine translation of Zhong provided by the Examiner: "The head 71 is spherical and can be slidably supported on the plunger ball socket 58 of the sliding plate 50" (Emphasis added). However, the Examiner has failed to present reasons as to why one skilled in the art would not include the sliding plates 50 from Zhong (on which the plungers 70 slide) in the combination, despite these sliding plates 50 being described as essential for the electro-hydraulic integration”.
Examiner’s Response: The sliding plates already exist in Tonnqvist - label 26, Figure 2A, paragraph [0022]. Therefore, there is no need to incorporate sliding plates 50 from Zhong. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Pertinent Prior Art
The following references are not being relied upon, they are being made of record because they are considered to be pertinent to applicant’s disclosure. Achten (US Patent 10,961,990 B2) discloses a piston (14) rigidly fixed to piston plate (8). Achten (US Patent 10,914,172 B2) discloses a piston (9) rigidly fixed to piston plate (8). Wood (US Patent 6,183,211 B1) discloses a wobble-piston (22) compressor. Pecorari (US Patent 5,636,561 A) discloses in Figures 13 and 14, a piston (40) rigidly fixed to piston plate (73). Lynn (US Patent 5,593,291 A) discloses a piston (46) rigidly fixed to piston plate (45). Willimczik (US Patent 5,249,506 A) discloses a piston (1) rigidly fixed to piston plate (11).
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DNYANESH G KASTURE whose telephone number is (571)270-3928. The examiner can normally be reached Mon-Thu, 7:30 AM to 6:00 PM.
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/D.G.K/Examiner, Art Unit 3746
/ESSAMA OMGBA/Supervisory Patent Examiner, Art Unit 3746