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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: CYLINDER BLOCK WITH DETECTED PORTIONS AND HYDRAULIC DEVICE INCLUDING SAME
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first/second detected portions” in claims 1, 3-6 and 8-10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Westveer (US 4,655,689).
Claim 8: Westveer discloses a cylinder block (Figs. 1-2) comprising a cylinder block body (28) in which a plurality of cylinder chambers (note plurality of cylinder changers in Figs. 1-2) are formed around a rotating shaft (16); and N-1 first detected portions (29) formed on an outer peripheral surface of the cylinder block body (Fig. 2), wherein the N-1 first detected portions are disposed at N-1 positions that are other than one remaining position among positions determined by equally dividing the outer peripheral surface of the cylinder block body by N (as would be expected with the marking pattern depicted in Fig. 2, there will be a particular number N of divisions with N markings; however, as the cylinder rotates, Examiner notes that a particular time, T, can be chosen such that only N-1 markings, or N-1 first detected portions, will have been detected).
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) 1-7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westveer (US 4,655,689) in view of Schneider (DE19750304A1).
Claim 1: Westveer discloses a cylinder block (Figs. 1-2) comprising a cylinder block body (28) in which a plurality of cylinder chambers (note plurality of cylinder changers in Figs. 1-2) are formed around a rotating shaft (16); a plurality of first detected portions (29) formed on an outer peripheral surface of the cylinder block body and circumferentially spaced apart from each other at a first distance that is predetermined (Fig. 1). Westveer is not explicit about one or more second detected portions formed on the outer peripheral surface of the cylinder block body and each circumferentially spaced apart from an adjacent one of the plurality of first detected portions at a second distance different from the first distance. However, Schneider teaches a rotating cylinder wheel which includes ever-thickening secondary detected portions (in addition to an initial “thinnest” set of detected portions) formed on the outer peripheral surface of the cylinder block body and each circumferentially spaced apart from an adjacent one of the plurality of first detected portions at a second distance different from the first distance (Fig. 1, Examiner noting that each of the thinnest portions are separated from one another at a distance β minus the width of the thinnest portion while the ever-thickening secondary portions are separated from adjacent first detected portions at a distance of α minus the width of the thinnest portion, or 2*α minus the width of the thinnest portion, or 3*α minus the width of the thinnest portion). Based upon this kind of pattern, Schneider allows not only for speed detection but also detecting rotational direction (see page 2 of English Machine Translation of DE19750304A1). It would have been obvious before the effective filing date of the invention to incorporate the detectable patterns as taught by Schneider into the apparatus of Westveer as they can enhance sensor data beyond speed detection by also being able to detect rotational direction, which could alert operators of a potential pumping issue/malfunction as well as a directionality of fluid flow.
Claim 2: Westveer and Schneider teach the previous limitations. Modified Westveer further teaches that each of the plurality of first detected portions is a protrusion or a recess and each of the one or more second detected portions could be similarly made in like manner as a protrusion or a recess (see col. 4, lines 50-52 in Westveer).
Claim 3: Westveer and Schneider teach the previous limitations. Schneider further teaches that the one or more second detected portions are a plurality of second detected portions formed at regular intervals on the outer peripheral surface of the cylinder block body (see Fig. 1 of Schneider).
Claim 4: Westveer and Schneider teach the previous limitations. Modified Westveer further teaches that along with the plurality of first detected portions, the one or more second detected portions are arranged on a partial peripheral surface extending circumferentially on the outer peripheral surface of the cylinder block body (see Fig. 1 of Schneider).
Claim 5: Westveer and Schneider teach the previous limitations. Modified Westveer further teaches a hydraulic device comprising the cylinder block according to claim 1 (Figs. 1-2); a casing (10/12) that houses the cylinder block and rotatably supports the cylinder block (Fig. 1); a piston that is inserted into each of the plurality of cylinder chambers of the cylinder block in a manner that allows reciprocation of the piston (note pistons detailed in Figs. 1-2); a linkage mechanism (20) that reciprocates the piston in conjunction with rotation of the cylinder block; and a sensor (60) that is provided at a position corresponding to each of the plurality of first detected portions and the one or more second detected portions and when each of the plurality of first detected portions and the one or more second detected portions passes by during the rotation of the cylinder block (Fig. 2), outputs a corresponding one of a first signal and a second signal (see Figs. 1, note signal pathway via 62/64/66/68).
Claim 6: Westveer and Schneider teach the previous limitations. Modified Westveer further teaches the plurality of first detected portions and the one or more second detected portions are arranged on a partial peripheral surface extending circumferentially on the outer peripheral surface of the cylinder block body (Examiner noting that the provisions of Schneider, Fig. 1, will situate on a partial peripheral surface extending circumferentially on the outer peripheral surface of the cylinder block body depicted in Fig. 2 of Westveer); and the sensor is provided at a position corresponding to the partial peripheral surface of the cylinder block (see Fig. 2 of Westveer).
Claim 7: Westveer and Schneider teach the previous limitations. Schneider further teaches using a sensor which is a pulse generator (note “pulses” generated by the sensor, S, in Fig. 2 of Schneider as well as related in English Machine Translation of DE19750304A1). It would have been obvious before the effective filing date of the invention to incorporate pulse sensor as taught by Schneider into the apparatus of Westveer as it would inform the user of increasing or decreasing pulse trends, signifying the direction of rotation.
Claim 9: Westveer teaches the previous limitations but is not explicit about the cylinder block comprising a second detected portion formed on the outer peripheral surface of the cylinder block body, wherein the second detected portion is disposed at a position offset from the one remaining position. However, Schneider teaches a rotating cylinder wheel which includes ever-thickening second detected portions (in addition to an initial first “thinnest” set of detected portions) that could be formed upon the outer peripheral surface of Westveer’s cylinder block body, wherein the second detected portion is disposed at a position offset from the one remaining position (Fig. 1,Examiner noting, that, upon rotation, after a certain time, T, 3 of the 4 first detected portions, which are a set of the thinnest portions, could be detected, leaving the remaining first portion as yet undetected. There will exist other, second detected portions, which are the portions that have a greater thickness than the set of thinnest portions, and which second detected portions are disposed at a position offset from the remainder position of the final thinnest portion). Based upon this kind of pattern, Schneider allows not only for speed detection but also detecting rotational direction (see page 2 of English Machine Translation of DE19750304A1). It would have been obvious before the effective filing date of the invention to incorporate a first/secondary detected portions as taught by Schneider into the apparatus of Westveer as they can enhance sensor data beyond speed detection by also being able to detect rotational direction, which could alert operators of a potential pumping issue/malfunction as well as a directionality of fluid flow.
Claim 10: Westveer discloses a cylinder block (Figs. 1-2) comprising a cylinder block body (28) in which a plurality of cylinder chambers are formed (note plurality of cylinder changers in Figs. 1-2) around a rotating shaft (16); N-2 first detected portions formed on an outer peripheral surface of the cylinder block body wherein the N-2 first detected portions are disposed at N-2 positions that are among positions determined by equally dividing the outer peripheral surface of the cylinder block body by N (as would be expected with the marking pattern depicted in Fig. 2, there will be a particular number N of divisions with N markings; however, as the cylinder rotates, Examiner notes that a particular time, T, can be chosen such that only N-2 markings, or N-2 first detected portions, will have been detected). Westveer is not explicit about a second detected portion formed on the outer peripheral surface of the cylinder block body and the second detected portion is one second detected portion disposed at a position offset from two remaining positions among the positions determined by equally dividing the outer peripheral surface of the cylinder block body by N. However, Schneider teaches a rotating cylinder wheel which includes ever-thickening second detected portions (note the thicker detected portions in addition to an initial first “thinnest” set of detected portions) that could be formed upon the outer peripheral surface of Westveer’s cylinder block body, wherein the second detected portion is disposed at a position offset from the two remaining positions (Fig. 1,Examiner noting, that, upon rotation, after a certain time, T, 2 of the 4 first detected portions, which are a set of the thinnest portions, could be detected, leaving the remaining first portions as yet undetected and remaining. There will exist other, second detected portions, which are the portions that have a greater thickness than the set of thinnest portions, and which second detected portions are disposed at a positions offset from the remainder positions of the final thinnest portions). Based upon this kind of pattern, Schneider allows not only for speed detection but also detecting rotational direction (see page 2 of English Machine Translation of DE19750304A1). It would have been obvious before the effective filing date of the invention to incorporate a first/secondary detected portions as taught by Schneider into the apparatus of Westveer as they can enhance sensor data beyond speed detection by also being able to detect rotational direction, which could alert operators of a potential pumping issue/malfunction as well as a directionality of fluid flow.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN C ZOLLINGER whose telephone number is (571)270-7815. The examiner can normally be reached Generally M-F 9-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746