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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/07/2024, 02/15/2024, 03/04/2024, 01/23/2025, 05/07/2025, 07/30/2025, 11/11/2025 have been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “flexible bladder in the shell housing, the flexible bladder configured to retain the hydraulic fluid” as claimed in claim 85 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Applicant's disclosure state "flexible bladder (not shown)" in paragraph [0079]
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 76, 78, 79, 82, 83, 84, 109, 111-113 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heskey et al. (US 6446482), hereinafter ‘Heskey’.
Heskey discloses:
76. (Currently Amended) A cylinder assembly comprising:
a housing (Fig. 1);
a pump (18) supported in the housing;
a motor (16) supported in the housing and configured to power the pump;
a rechargeable power source (22) supported by the housing and configured to supply power to the motor;
a cylinder (34a) supported by the housing and extending between a lower end and an upper end;
a piston (32) that is movable in the cylinder along a piston axis;
a valve block (section including valve 80 and 76) supported in the housing, the valve block defining a passage (70) selectively in fluid communication with the pump and the cylinder for supplying a hydraulic fluid from the pump to the cylinder to move the piston at least from a retracted position to an extended position ("fluid conduit system", Col. 3 lines 60-67, Col. 4 lines 1-6);
a support member (24) configured to support the lower end of the cylinder and the valve block on a work surface (C in Fig. 3), wherein the pump is mounted on the valve block relative to the work surface (pump 18 mounted on valve block section near 58); and
a reservoir 14 configured to hold the hydraulic fluid, wherein the reservoir at least partially surrounds the pump and the motor (diameter of reservoir 14 surrounds the pump 18 and motor 16).
78. (Currently Amended) The cylinder assembly according to claim 76, wherein the motor is mounted on the pump (motor 16 mounted on pump through coupling 42).
79. (Previously Presented) The cylinder assembly according to claim 76, wherein the motor has a driveshaft operatively coupled to the pump, the driveshaft extending along a power unit axis that is parallel to the piston axis (drive shaft of motor 16 coupled to coupling 42, that couples to the pump 18, and is parallel to piston 32 reciprocating axis).
82. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir is between the cylinder and the pump (reservoir 14 is between cylinder 34a and an end of pump 18 closer to coupling 42 in the axial direction).
83. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir is between the cylinder and the motor (reservoir 14 is between the cylinder 34a and the motor 16 in the axial direction).
84. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir extends completely around the pump (diameter of reservoir 14 surrounds the pump 18).
109. (New) The cylinder assembly according to claim 76, wherein the pump extends through the reservoir (pump 18 extends through reservoir 14).
111. (New) The cylinder assembly according to claim 76, wherein the reservoir defines an opening and wherein the pump extends through the opening (see Fig. 2).
112. (New) The cylinder assembly according to claim 76, wherein the reservoir is mounted on the valve block (reservoir 14 is mounted on valve block section that includes valves 80 and 76).
113. (New) The cylinder assembly according to claim 76, wherein the reservoir includes a lower portion that is mounted on the valve block and surrounds the pump and an upper portion that extends at least partially around the pump and the motor (see Fig. 2, lower portion surrounds 18 and upper portion surrounds 42 which is part of the motor drive shaft and therefore the motor).
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.
Claim(s) 76, 78, 79, 82-84, 109-114 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richards (US 2420910).
Richards renders obvious:
76. (Currently Amended) A cylinder assembly comprising:
a housing (outer envelope of Fig. 1);
a pump (pump piston 70) supported in the housing;
a motor (B) supported in the housing and configured to power the pump (housing is interpreted to be the outer envelope of the entire assembly of Fig. 1, motor pinion 56 which is part of the motor is supported in the housing);
a rechargeable power source supported by the housing and configured to supply power to the motor (Richards, Col. 2 lines 30-35 discloses an electric motor that is connected with a suitable source of electricity; examiner takes official notice that batteries are a suitable source of electricity that can replace wired electrical sources to drive electric devices and that it is known in the art to couple a battery onto the assembly that it is providing power to which would result in the batter supported by the housing of the device of Richards);
a cylinder 174, 152 supported by the housing and extending between a lower end and an upper end;
a piston that is movable in the cylinder along a piston axis (piston of ram 156 within cylinder 174);
a valve block (74) supported in the housing, the valve block defining a passage selectively in fluid communication with the pump and the cylinder for supplying a hydraulic fluid from the pump to the cylinder to move the piston at least from a retracted position to an extended position (valve block 74 includes valve 108, etc. see Col. 4);
a support member 20 configured to support the lower end of the cylinder and the valve block on a work surface, wherein the pump is mounted on the valve block relative to the work surface (at least part of the pump which includes that pump drive shaft 58 and the pump pistons 70 are mounted on the valve block 74 on a side opposite the work surface at 20); and
a reservoir (A) configured to hold the hydraulic fluid, wherein the reservoir at least partially surrounds the pump and the motor.
78. (Currently Amended) The cylinder assembly according to claim 76, wherein the motor is mounted on the pump (motor is mounted on to pump shaft 48 at 54).
79. (Previously Presented) The cylinder assembly according to claim 76, wherein the motor has a driveshaft operatively coupled to the pump, the driveshaft extending along a power unit axis that is parallel to the piston axis (motor drive shaft that rotates motor pinion 56 is shown to have an rotational axis that is parallel to the piston axis in cylinder 174 as seen in Fig. 1, 2).
82. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir is between the cylinder and the pump (reservoir A includes space between cylinder 152 and pump pistons 70).
83. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir is between the cylinder and the motor (reservoir A includes a space between motor B components and cylinder 152).
84. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir extends completely around the pump (all pump components are within reservoir housing A).
109. (New) The cylinder assembly according to claim 76, wherein the pump extends through the reservoir (pump piston 70 extends through the inside of reservoir).
110. (New) The cylinder assembly according to claim 76, wherein the reservoir includes a first portion located in a space between the cylinder and both the pump and the motor, and a second portion located outside of the space and alongside the pump and the motor (see Fig. 1, reservoir A includes a portion located at the pump shaft 58 which is between the cylinder 174 and the pump and motor components, and reservoir A includes a portion located outside of that space and alongside the pump and motor near where 44 points to in Fig. 1).
111. (New) The cylinder assembly according to claim 76, wherein the reservoir defines an opening and wherein the pump extends through the opening (reservoir A includes opening formed by 52 through which pump shaft 58 extends into; alternatively, opening formed by 92 through which the pump shaft extends through).
112. (New) The cylinder assembly according to claim 76, wherein the reservoir is mounted on the valve block (valve block 74 is mounted to the reservoir A at 98).
113. (New) The cylinder assembly according to claim 76, wherein the reservoir includes a lower portion (98) that is mounted on the valve block and surrounds the pump (lower portion includes entire bottom portion 20) and an upper portion that extends at least partially around the pump and the motor (upper portion includes the space where 'A' points to in Fig. 1).
114. (New) The cylinder assembly according to claim 113, wherein the upper portion has an inner sidewall that faces the motor and the pump and an outer sidewall that faces the cylinder (inner side wall of A faces motor and pump components even when there are intervening structures between the sidewall and the pump/motor structures; outer sidewall of A faces cylinder 174).
Claim(s) 76, 78, 79, 82, 83, 110, 112 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauck (DE 102010015115).
Hauck renders obvious:
76. A cylinder assembly comprising:
a housing (15);
a pump (35) supported in the housing;
a motor (31) supported in the housing and configured to power the pump;
a rechargeable power source (13) supported by the housing and configured to supply power to the motor;
a cylinder (7) supported by the housing and extending between a lower end and an upper end;
a piston (piston rod 17 includes a piston) that is movable in the cylinder along a piston axis;
a valve block (38) supported in the housing, the valve block defining a passage selectively in fluid communication with the pump and the cylinder for supplying a hydraulic fluid from the pump to the cylinder to move the piston at least from a retracted position to an extended position (renders obvious the valves of Fig. 6 within valve block);
a support member (11, 9) configured to support the lower end of the cylinder and the valve block on a work surface, wherein the pump is mounted on the valve block relative to the work surface (pump 35 mounted on valve block 38, on opposite side of work surface that is engaged with feet 1 and bottom of frame 5 seen in Fig. 1 and 2); and
a reservoir (29) configured to hold the hydraulic fluid, wherein the reservoir at least partially surrounds the pump and the motor (reservoir "partially surrounds" pump and motor, by existing anywhere in the periphery of the pump and motor, the reservoir at least partially surrounds the pump and motor).
78. (Currently Amended) The cylinder assembly according to claim 76, wherein the motor is mounted on the pump (motor 33 is mounted on pump 35 a seen in Fig. 2).
79. (Previously Presented) The cylinder assembly according to claim 76, wherein the motor has a driveshaft operatively coupled to the pump, the driveshaft extending along a power unit axis that is parallel to the piston axis (one of ordinary skill in the art would recognize that the drive shaft would extend through the motor 31 in the longitudinal direction to drive the gear box 33 which drives the pump 35 as is conventional in the art).
82. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir is between the cylinder and the pump (reservoir 29 is between the pump 35 and the cylinder 7, 27 as seen in Fig. 2).
83. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir is between the cylinder and the motor (reservoir 29 is between the cylinder 7, 27 and the motor 31 as seen in Fig. 2).
110. (New) The cylinder assembly according to claim 76, wherein the reservoir includes a first portion located in a space between the cylinder and both the pump and the motor, and a second portion located outside of the space and alongside the pump and the motor (reservoir 29 axially extends between the space between the pump 35/motor 31 and the cylinder 27, and also axially extends beyond the space adjacent the pump and motor).
112. (New) The cylinder assembly according to claim 76, wherein the reservoir is mounted on the valve block (reservoir 29 is mounted on valve block 38 as seen in Fig. 2).
Claim(s) 84, 85, 86, 109, 111 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauck as applied to claim 1 above, and further in view of
Maurer (US 10184497) and Gallentine (US 4689957).
Regarding claims 84-86, 109, 111, Hauck renders obvious the cylinder assembly according to claim 76, but does not explicitly disclose wherein at least a portion of the reservoir extends completely around the pump; wherein the reservoir includes a shell housing and a flexible bladder in the shell housing, the flexible bladder configured to retain the hydraulic fluid; wherein the shell housing defines an opening and the pump extends through the opening.
However, Maurer discloses a hydraulic cylinder device similar to Hauck and the present application and therefore constitutes analogous art.
Maurer discloses cylinder assembly comprising:
a housing (outer envelope of the device seen in Fig. 1);
a pump (16) supported in the housing;
a motor (20) supported in the housing and configured to power the pump;
a cylinder (26) supported by the housing and extending between a lower end and an upper end;
a piston (24) that is movable in the cylinder along a piston axis;
a reservoir configured to hold the hydraulic fluid, wherein the reservoir at least partially surrounds the pump and the motor (outer diameter of reservoir shell 12 surrounds outer diameter of pump 16 and motor 20). Maurer further establishes obvious equivalence between a pump located within the reservoir and a pump mounted outside the reservoir (Col. 6 lines 20-28).
Further, Gallentine discloses a hydraulic device that includes a linearly reciprocating piston within a cylinder and a reservoir similar to Hauck and the present application and therefore constitutes analogous art. Gallentine discloses motivation to use a resilient bladder 100 that is filled with hydraulic fluid 102 within a reservoir shell 110 to pressurize the hydraulic fluid to allow the hydraulic device to be not dependent on gravity to fill the cylinder with fluid which allowed the device to be used in any position since all portions of the hydraulic circuit are charged with fluid (Col. 5 lines 27-44). Gallentine establishes obvious equivalence between having the hydraulic fluid within the bladder or compressed air within the bladder when used in a hydraulic reservoir in light of the disclosures of Maurer and Gallentine having different configurations to achieve the same result of allowing the device to be used in any orientation.
Since the ability to use the device in any orientation is beneficial, and since use of a bladder within reservoirs of electro-hydraulic cylinder devices is known in the art, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Hauck to have used a flexible bladder in the shell housing of the reservoir such that the pump extends into the reservoir as taught by Maurer. When implementing the teachings of Maurer into the device of Hauck, an obvious embodiment would position the pump within the reservoir that includes a bladder as seen in Maurer. One of ordinary skill in the art would recognize that by submerging the pump within the reservoir, less fluid conduits would be required and would be an obvious equivalent configuration to the pump mounted outside the reservoir as discussed by Maurer.
The combination of Hauck, Maurer, and Gallentine further renders obvious:
84. (Currently Amended) The cylinder assembly according to claim 76, wherein at least a portion of the reservoir extends completely around the pump (in light of the teachings of Maurer, an obvious embodiment for the hydraulic device would be to position the pump within the reservoir, which would result in the reservoir extending completely around the pump).
85. (Currently Amended) The cylinder assembly according to claim 76, wherein the reservoir includes a shell housing and a flexible bladder in the shell housing, the flexible bladder configured to retain the hydraulic fluid (Maurer bladder 14 within shell housing 12; Gallentine bladder 100 contains hydraulic fluid with the same purpose of Maurer’s bladder which is to allow operation in any orientation by not relying on gravity but rather pressurized fluid; it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Hauck to have used a bladder within its reservoir in light of Maurer and Gallentine).
86. (Currently Amended) The cylinder assembly according to claim 85, wherein the shell housing defines an opening and the pump extends through the opening (Maurer, pump 16 extends through the opening formed by the shell housing 12, since Maurer renders obvious both an embodiment having the pump within the reservoir and a pump outside the reservoir, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the Hauck to have used an embodiment with the pump within the reservoir as taught by Maurer as a matter of simple substitution of one known configurations for another to yield only the expected result of a functioning hydraulic device using a pump and reservoir).
109. (New) The cylinder assembly according to claim 76, wherein the pump extends through the reservoir (see claim 86 rejection for equivalent limitation mapping and discussion).
111. (New) The cylinder assembly according to claim 76, wherein the reservoir defines an opening and wherein the pump extends through the opening (see claim 86 rejection for equivalent limitation mapping and discussion).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Leong et al. (US 4251055) discloses a jack construction with a pump 22 extending through an opening of a reservoir 24, wherein the pump is driven by an electric motor 100, and has a valve manifold 124 that extends and retracts piston 52 in cylinder 38.
Kadlicko et al. (US 2010/0300279) discloses bladder within reservoir to prevent cavitation and fluid oxidation in the hydraulic system, wherein the reservoir surrounds the cylinder.
Littwin et al. (US 12172289), Littwin discloses a cylinder assembly comprising:
a housing (external envelope of Fig. 1);
a pump 2 supported in the housing;
a motor 3 supported in the housing and configured to power the pump;
a rechargeable power source 18 supported by the housing and configured to supply power to the motor;
a cylinder 4 supported by the housing and extending between a lower end and an upper end;
a piston (piston coupled to rod 5 seen in Fig. 2) that is movable in the cylinder along a piston axis;
Sadakata (US 6572421) discloses a cylinder assembly comprising:
a housing (external envelope of the device shown in Fig. 6);
a pump 40 supported in the housing;
a motor 41 supported in the housing and configured to power the pump;
a cylinder 20 supported by the housing and extending between a lower end and an upper end;
a piston 27 that is movable in the cylinder along a piston axis;
a valve block 45 supported in the housing, the valve block defining a passage selectively in fluid communication with the pump and the cylinder for supplying a hydraulic fluid from the pump to the cylinder to move the piston at least from a retracted position to an extended position;
a support member 62 configured to support the lower end of the cylinder and the valve block on a work surface 12, wherein the pump is mounted on the valve block relative to the work surface; and
a reservoir 43, 72 configured to hold the hydraulic fluid, wherein the reservoir at least partially surrounds the pump and the motor; wherein the reservoir includes a shell housing 82 and a flexible bladder 81 in the shell housing, the flexible bladder configured to retain the hydraulic fluid; wherein the shell housing defines an opening and the pump extends through the opening (shell housing includes walls that forms an opening 43 which pump 42 extends within).
Herbert (WO2005066062) discloses:
76. (Currently Amended) A cylinder assembly comprising:
a housing 27, 12, 14;
a pump 13 supported in the housing;
a motor 15 supported in the housing and configured to power the pump;
a cylinder 11 supported by the housing and extending between a lower end and an upper end;
a piston 18 that is movable in the cylinder along a piston axis;
a valve block 14 supported in the housing, the valve block defining a passage selectively in fluid communication with the pump and the cylinder for supplying a hydraulic fluid from the pump to the cylinder to move the piston at least from a retracted position to an extended position;
a support member 129 configured to support the lower end of the cylinder and the valve block on a work surface, wherein the pump is mounted on the valve block relative to the work surface; and
a reservoir 48 configured to hold the hydraulic fluid, wherein the reservoir at least partially surrounds the pump and the motor (48 is not physically shown, but is disclosed to be inside housing 12 with pump 13 and motor 15).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E. Wiehe can be reached at (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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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 July 13, 2026
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