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 .
Claim Objections
Claims 1, 8, 11 and 18 are objected to because of the following informalities:
Claim 1 Ln 12, please amend to --along a reference plane--.
Claim 8 Ln 14, please amend to --relative to the second fluid port--.
Claim 11 Ln 9-10, please amend to --along a reference plane--.
Claim 18 Ln 9, please amend to --along a reference plane--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 Ln 10-11 states the limitation "the fluid port coupled to the second flexible tube end”. Ln 7-8 previously states “the second flexible tube end being coupled to the rigid tube at the second rigid tube end”. It is unclear how the second flexible tube end can be connected to both the fluid port and the second rigid tube end. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --the fluid port coupled to the [[second]] first flexible tube end--.
Claims 2-10 are rejected for their dependence upon claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
-(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
-(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 110 and 18-20 are rejected under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by Mani; Murali Sankar US 20200232187 A1, hereinafter Mani.
Regarding claim 1, as far as is determinate, Mani discloses (Fig. 1-4) a hydraulic system comprising:
a support structure (129);
a hydraulic actuator (151), at least a portion of the hydraulic actuator movable between a retracted orientation and an extended orientation relative to the support structure ([0020], depicted as linear actuators which fundamentally provide the retracted/extended orientations);
a rigid tube (213) extending from a first rigid tube end (approximate (212)) to a second rigid tube end (approximate (151)), the first rigid tube end coupled to the hydraulic actuator [0024];
a flexible tube (212) extending from a first flexible tube end (approximate (129) to a second flexible tube end (approximate (213)), the second flexible tube end being coupled to the rigid tube at the second rigid tube end; and
a fluid port (depicted connector end of (211)) coupled to the support structure so that the rigid tube moves relative to the fluid port between the retracted orientation and the extended orientation [0024],
the fluid port coupled to the first flexible tube end so that the second rigid tube end and the fluid port are disposed along a reference plane when the hydraulic actuator is in both the retracted orientation and the extended orientation (a plane is defined by three points, a broad-reasonable interpretation may include a point defined by the fluid port, a point defined by the second rigid tube end at the retracted orientation, and a point defined by the second rigid tube end at the extended orientation, thereby defining a reference plane upon which the fluid port and the second rigid tube end exist).
Regarding claim 2, Mani discloses (Fig. 1-4) the flexible tube (212) extends substantially along the reference plane as the hydraulic actuator (151) moves from the retracted orientation to the extended orientation (depicted as such in Fig. 2C).
Regarding claim 3, Mani discloses (Fig. 1-4) a distance between the second rigid tube end and the fluid port changes as the hydraulic actuator moves from the retracted orientation to the extended orientation (as depicted, as (150) is actuated by (151), the distance between (213) and (211) changes).
Regarding claim 4, Mani discloses (Fig. 1-4) the hydraulic actuator extends along a first axis between a first actuator end and a second actuator end, and wherein the reference plane is oriented substantially parallel to the first axis (as depicted, the actuator axis is substantially aligned/parallel to the reference plane).
Regarding claim 5, Mani discloses (Fig. 1-4) a first distance between the second rigid tube end and the fluid port is defined while the hydraulic actuator is in the retracted orientation and a second distance between the second rigid tube end and the fluid port is defined while the hydraulic actuator is in the extended orientation, the second distance being different from the first distance (as depicted, as (150) is actuated by (151), the distance between (213) and (211) changes).
Regarding claim 6, Mani discloses (Fig. 1-4) the second distance is greater than the first distance (as (150) extends upwards and away from (211), the distance becomes greater).
Regarding claim 7, Mani discloses (Fig. 1-4) the system further comprising a first rigid support (150) extending from the second rigid tube end (213) to the hydraulic actuator (151).
Regarding claim 8, Mani discloses (Fig. 1-4) the hydraulic actuator is a first hydraulic actuator, the rigid tube is a first rigid tube, the flexible tube is a first flexible tube, the fluid port is a first fluid port, and the reference plane is a first reference plane, the hydraulic system further comprising: a second hydraulic actuator having a first actuator portion configured to move between the retracted orientation and the extended orientation, the hydraulic actuator including a second cylinder port; a second rigid tube extending from a third rigid tube end to a fourth rigid tube end, the third rigid tube end coupled to the second hydraulic actuator; a second flexible tube extending from a third flexible tube end to a fourth flexible tube end, the fourth flexible tube end being coupled to the second rigid tube at the fourth rigid tube end; and a second fluid port coupled to the support structure so that the second rigid tube moves relative to the fluid port between the retracted orientation and the extended orientation, the second fluid port coupled to the third flexible tube end so that the fourth rigid tube end and the second fluid port are disposed along a second reference plane when the hydraulic actuator is in both the retracted orientation and the extended orientation (as depicted, the system comprises a plurality of flexible and rigid tubes for a plurality of actuators defining a plurality of reference planes).
Regarding claim 9, Mani discloses (Fig. 1-4) the second reference plane is substantially parallel to the first reference plane (as depicted in Fig. 2C, the ‘three points’ of each tube-set defines planes that are substantially parallel to each other).
Regarding claim 10, Mani discloses (Fig. 1-4) the hydraulic actuator is configured to drive one or more components of a refuse vehicle (although explicitly stated/depicted as a skid steer, that vehicle could be used to collect/distribute refuse) .
Regarding claim 18, Mani discloses (Fig. 1-4) a method comprising:
coupling a first rigid tube end (approximate (151)) of a rigid tube (213) to a hydraulic actuator (151) that is configured to move relative to a support structure (129) between a retracted orientation and an extended orientation ([0020], depicted as linear actuators which fundamentally provide the retracted/extended orientations);
coupling a first flexible tube end (approximate (213)) of a flexible tube (212) to a second rigid tube end (approximate (212)) of the rigid tube; and
coupling a second flexible tube end (approximate (129)) of the flexible tube to a fluid port (depicted connector end of (211)) that is coupled to the support structure so that the rigid tube moves relative to the fluid port between the retracted orientation and the extended orientation (as (150) is moved by (151), (213) moves away/towards (129/211)), and so that the second rigid tube end and the fluid port are disposed along the same reference plane when the hydraulic actuator is in both the retracted orientation and the extended orientation (a plane is defined by three points, a broad-reasonable interpretation may include a point defined by the fluid port, a point defined by the second rigid tube end at the retracted orientation, and a point defined by the second rigid tube end at the extended orientation, thereby defining a reference plane upon which the fluid port and the second rigid tube end exist).
Regarding claim 19, Mani discloses (Fig. 1-4) the flexible tube (212) is supported by the rigid tube (213) so that the flexible tube extends substantially along the reference plane as the hydraulic actuator moves from the retracted orientation to the extended orientation ((213) supports the end of (212) and as (150) is moved by (151) the flexible tube lies substantially along the reference plane defined by said three-points plane).
Regarding claim 20, Mani discloses (Fig. 1-4) coupling the second flexible tube end of the flexible tube (212) to the fluid port (depicted connector end of (211)) comprises orienting the flexible tube so that the flexible tube extends substantially along the reference plane (as depicted in Fig. 2C, the flexible tube extends substantially along the reference plane).
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 of this title, 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 11-17 are rejected under 35 U.S.C. 103 as being unpatentable De Filippi; Quinto US 4877366 A, hereinafter De Filippi, in view of Mani. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (hydraulically operated work vehicles); or the references is/are reasonably pertinent to the problem faced by the inventor (hydraulic line routing/protection). MPEP2141.01(a) I.
Regarding claim 11, De Filippi discloses (Fig. 1-4) a refuse vehicle comprising:
a body (C) defining a refuse container (10);
a device (22) coupled to the body;
a hydraulic actuator (30) coupled to the device and configured to move the device relative to the refuse container between a retracted position and an extended position (Col 5 Ln 17-21);
a tube fluidly coupled to the hydraulic actuator and movable relative to the body between the retracted position and the extended position (the portion of tubing between (72 right) and (30) not depicted, but fundamentally comprises a form of tubing to transfer hydraulic fluid between (66) and (30)); and
a flexible tube (66) extending from the tube to a fluid port (depicted structure approximate left (72)) on the body, the tube arranged to support the flexible tube so that the flexible tube extends substantially along a reference plane as the device moves from the retracted position to the extended position (as depicted, the part of (38) that projects upwards supports (66) and causes (66) to extend substantially along a plane defined by the planer movement of (22/30)).
De Filippi fails to explicitly state that the tube is a rigid tube.
Mani discloses (Fig. 1-4) a hydraulic system comprising:
a support structure (129);
a hydraulic actuator (151), at least a portion of the hydraulic actuator movable between a retracted orientation and an extended orientation relative to the support structure ([0020], depicted as linear actuators which fundamentally provide the retracted/extended orientations);
a rigid tube (213) extending from a first rigid tube end (approximate (212)) to a second rigid tube end (approximate (151)), the first rigid tube end coupled to the hydraulic actuator [0024];
a flexible tube (212) extending from a first flexible tube end (approximate (129) to a second flexible tube end (approximate (213)), the second flexible tube end being coupled to the rigid tube at the second rigid tube end; and
a fluid port (depicted connector end of (211)) coupled to the support structure so that the rigid tube moves relative to the fluid port between the retracted orientation and the extended orientation [0024],
the fluid port coupled to the first flexible tube end so that the second rigid tube end and the fluid port are disposed along a reference plane when the hydraulic actuator is in both the retracted orientation and the extended orientation (a plane is defined by three points, a broad-reasonable interpretation may include a point defined by the fluid port, a point defined by the second rigid tube end at the retracted orientation, and a point defined by the second rigid tube end at the extended orientation, thereby defining a reference plane upon which the fluid port and the second rigid tube end exist).
One of ordinary skill in the art could have applied the known "improvement" technique (rigid tube) in the same way to the "base" device and the results (conveying pressurized hydraulic fluid from a flexible tube to an actuator) would have been predictable to one of ordinary skill in the art. It would have been obvious to one of ordinary skill in the art to provide the rigid tube in the device of De Filippi to convey pressurized hydraulic fluid from a flexible tube to an actuator as taught by Mani as this is a known technique amongst similar devices ready for improvement.
To further clarify the modification, the non-depicted tube that connects the flexible tube to the actuator of De Filippi is provided as a rigid tube on/through structure (38).
Regarding claim 12, De Filippi discloses (Fig. 1-4) a distance between the tube ((the portion of tubing between (72 right) and (30); rigid tube as modified by Mani) and the fluid port (depicted structure approximate left (72)) changes as the hydraulic actuator extends from the retracted position to the extended position (as depicted from Fig. 2-3, the distance changes).
Regarding claim 13, De Filippi discloses (Fig. 1-4) the hydraulic actuator extends along a first axis between a first hydraulic actuator end and a second hydraulic actuator end, and wherein the reference plane is oriented substantially parallel to the first axis (as depicted, the actuator(s) axis is substantially parallel to the plane defined by the planer movement of (22/30)).
Regarding claim 14, De Filippi discloses (Fig. 1-4) the vehicle further comprising a first rigid support (38) extending from the rigid tube to the hydraulic actuator (fundamentally, (38) supports/extends between the tube/rigid tube and (30)).
Regarding claim 15, De Filippi discloses (Fig. 1-4) the hydraulic actuator is a first hydraulic actuator, the rigid tube is a first rigid tube, the flexible tube is a first flexible tube, the fluid port is a first fluid port, and the reference plane is a first reference plane, the refuse vehicle further comprising: a second hydraulic actuator that is coupled to the device and configured to move the device relative to the refuse container between the retracted position and the extended position; a second rigid tube fluidly coupled to the hydraulic actuator; and a second flexible tube extending from the second rigid tube to a second fluid port on the body, the second rigid tube arranged to support the second flexible tube so that the second flexible tube extends substantially along a second reference plane as the device moves from the retracted position to the extended position (as depicted, the system comprises a plurality of flexible and tubes/rigid tubes for a plurality of actuators defining a plurality of reference planes).
Regarding claim 16, De Filippi discloses (Fig. 1-4) the second reference plane is substantially parallel to the first reference plane (as depicted, the second plane, is substantially coexistent/parallel with the first reference plane).
Regarding claim 17, De Filippi discloses (Fig. 1-4) the device (22) is an ejector that is disposed within the refuse container (10) and configured to move refuse relative to the refuse container (Col 5 Ln 34-39).
Relevant Art
The following is a listing of relevant art:
US 20200271143 A1 discloses a hydraulic system comprising rigid and flexible tubes.
US 20170175780 A1, US 4309141 A, US 3622103 A, US 3653271 A and US 3777915 A disclose refuse vehicles comprising hydraulic actuators and tubes.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW WIBLIN whose telephone number is (571)272-9836. The examiner can normally be reached on Monday-Friday 8:00 am - 4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL WIEHE can be reached on 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW WIBLIN/ Primary Examiner, Art Unit 3745
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