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 Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(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.
Claim 2 is 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 2 recites a limitation “wherein the sensor is any one or more of a temperature sensor, a viscosity sensor, a flow sensor, and a pressure sensor”. The plain meaning of phrase “one or more of A and B” is “one or more of A and one or more of B” (for more details please see Ex parte Jung, 2016-008290 (PTAB Mar. 22, 2017) and/or SuperGuide Corp. v. DirecTV Enters., Inc., 358 F.3d 870 (Fed. Cir. 2004)). According to the disclosure of the specification, the intended meaning of the limitation should be any one or more selected from the recited sensors. For continuing examination purpose, this limitation in the claims has been construed as “wherein the sensor is any one or more of a temperature sensor, a viscosity sensor, a flow sensor, [[and]] or a pressure sensor”.
Claim Rejections - 35 USC § 102
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 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 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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Barezzani (US 20170252912 A1, hereinafter as “Barezzani”).
Regarding claim 1, Barezzani teaches:
An electric tool (tool 1 in FIG.s 1 and 2 and [0037]) comprising:
a main body (housing 3 in FIG. 1 and [0038]) in which a cylinder part having a piston (piston 20 in FIG. 2 and [0043, 0044]), an oil tank (oil tank 24 in FIG.s 1 and 2, and [0071]), a hydraulic pump (pump 7 in FIG.s 1 and 2, and [0041, 0071]) for feeding a hydraulic oil inside the oil tank to the cylinder part, an electric motor (motor 6 in FIG.s 1 and 2, and [0040, 0041]) for driving the hydraulic pump, and a control circuit (control circuit 28 in FIG. 1 and [0043]) are disposed;
a tool head (head 11 in FIG.s 1 and 2 and [0044]) operated by the piston in a state of being connected to the main body;
a battery (battery 5 in FIG. 1 and [0040, 0112]) that supplies power to the electric motor; and
a sensor ([0104]) that detects a state of the hydraulic oil,
wherein the control circuit drives and controls the electric motor, based on a detection signal from the sensor ([0110, 0111]).
Barezzani teaches specifically (underlines are added by Examiner for emphasis):
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[0037] With reference to the figures, a hydrodynamic compression and/or cutting tool 1 comprises: [0038] a housing 3, [0039] an accumulator seat 4, adapted to receive the accumulator 5 and having electrical terminals which make an electrical contact with the accumulator 5, [0040] an electrical motor 6, supported by the housing 3, which can be powered by the accumulator 5, [0041] a hydrodynamic pump 7, supported by the housing 3 and connected to the motor 6 so as to increase the pressure of a hydraulic liquid in response to the movement of the motor 6, [0042] an electronic control circuit 28 connected to the electrical motor 6 and to the accumulator 5 for controlling the electrical motor 6, [0043] an actuating button 18 which acts on a switch of the control circuit 28 to actuate the motor 6, a working head 11, which comprises an actuating piston 20 on which acts the hydraulic liquid, and two jaws 21, 22 connected in mutually mobile manner with respect to each other and movable by means of the actuating piston 20 between an open position and a closed position for compressing or cutting, and a return spring 23 which acts on the actuating piston 20 so as to bias it elastically into a resting position in which the jaws 21, 22 are in the open position.
[0044] The working head 11 may comprise a body 19 with an actuating cylinder 27 which receives an actuating piston 20 so that it can be moved by means of the pressure fluid.
[0071] The pumping cylinder-piston assembly may comprise a pumping cylinder 41 with an intake opening connected to the tank 24 by means of a non-return valve, which allows the flow of hydraulic oil from the tank 24 into the pumping cylinder 41, and a discharge opening in communication with the actuating cylinder 27 of the working head 11. A non-return valve is arranged in the discharge opening to allow the flow of hydraulic oil from the pumping cylinder 41 towards the actuating cylinder 27, but not in the other way. A pumping piston 42 is accommodated in the pumping cylinder 41 so as to translate together with an oscillating member 43 actuated by the motor 6.
[0112] The control circuit 28 comprises a processing unit (CPU), a memory associated with the processing unit (CPU), a communication interface associated with the processing unit (CPU) and adapted to receive signals (pressure, current, temperature) from the sensor 30, 31, 32 and to transmit the control signals to the electrical motor 6. The control circuit 28 further comprises a program for electronic processor loaded in the memory and configured to perform the processing of the signals and the operations needed to implement the operation methods. The control circuit 28 is connected to the accumulator 5 when the accumulator 5 is coupled to the accumulator seat 4 and could also have its own battery, possibly adapted to be charged when the control circuit 28 is connected to the accumulator 5. The accumulator seat 4 is preferably formed in the housing 3.
[0103] The tool 1 may comprise one or more of the following: [0104] a pressure sensor 30 in fluid communication with the hydraulic liquid acting on the actuation piston 20 of the working head 11, [0105] an electrical quantity sensor 31, in particular a current sensor, [0106] a temperature sensor 32 of the motor 6, [0107] an indicator or detector of the distance of the jaws 21, 22, [0108] a position sensor 48 of the actuating piston 20, [0109] a time sensor, [0110] connected to the circuit control circuit 28 which monitors the working parameter or parameters and which can automatically interrupt the actuation of the electrical motor 6 in dependency of one or more of the working parameters and of the selected working mode.
[0111] The electronic control circuit 28 is configured to process the signals coming from one or more of the sensors 30; 31; 32 and to control the electrical motor 6 and/or the return valve 25 or other valve of the hydraulic pump 7, in dependency of the actuation of the actuating button 18 and of the quantities detected by the sensors 30;31;32
Regarding claim 2, Barezzani teach(es) all the limitations of its base claim from which the claim depends.
Barezzani further teaches:
the sensor is any one or more of a temperature sensor, a viscosity sensor, a flow sensor, or a pressure sensor the sensor is any one or more of a temperature sensor, a viscosity sensor, a flow sensor, or a pressure sensor (pressure sensor 30 in [0104]).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Barezzani in view of Ishijima (US 20230246582 A1, hereinafter as “Ishijima”).
Regarding claim 3, Barezzani teach(es) all the limitations of its base claim from which the claim depends, but does not teach the sensor is disposed inside the oil tank.
However, Ishijima teaches in an analogous art:
sensor is disposed inside the oil tank (FIG. 1 and [0029]: “The temperature sensor 4 measures the temperature of the oil stored in the oil tank 3”. The temperature sensor 4 is disposed inside oil tank 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Barezzani based on the teaching of Ishijima, to make the electric tool wherein the sensor is disposed inside the oil tank. One of ordinary skill in the art would have been motivated to do this modification to accommodate the viscosity change due to temperature change of the oil to be able to “supply a required flow rate while reducing electric power consumption by controlling the rotational speed of the motor”, as Ishijima suggests in [0003].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Barezzani in view of Aoki (US 20030171187 A1, hereinafter as “Aoki”).
Regarding claim 7, Barezzani teach(es) all the limitations of its base claim from which the claim depends, but does the control circuit calculates a temperature of the hydraulic oil, based on the detection signal, and lowers a rotation speed of the electric motor from a setting value when the calculated temperature of the hydraulic oil is lower than a reference value.
However, Aoki teaches in an analogous art:
based on the detection signal, and lowers a rotation speed of the electric motor from a setting value when the calculated temperature of the hydraulic oil is lower than a reference value ([0013]: “In contrast, when the temperature of the operation oil is relatively low, the revolution rate of the motor-driven oil pump is set to be low as it is determined that decrease in the discharge pressure of the motor-driven oil pump is small”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Barezzani based on the teaching of Aoki, to make the electric tool wherein the control circuit calculates a temperature of the hydraulic oil, based on the detection signal, and lowers a rotation speed of the electric motor from a setting value when the calculated temperature of the hydraulic oil is lower than a reference value. One of ordinary skill in the art would have been motivated to do this modification since “As a result, accuracy of the oil pressure provided by the operation of the motor-driven oil pump can be improved, and the oil pressure provided by the oil pressure providing section can be maintained to be an appropriate value while improving the efficiency of the motor-driven oil pump, as Aoki teaches in [0014].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Barezzani in view of Ishijima, and in further view of Gates (US 20090272353 A1, hereinafter as “Gates”).
Regarding claim 4, Barezzani teach(es) all the limitations of its base claim from which the claim depends, but does not teach in contact with an outer side of the oil tank.
However, Ishijima teaches in an analogous art:
sensor is measure temperature of oil in the oil tank (FIG. 1 and [0029]: “The temperature sensor 4 measures the temperature of the oil stored in the oil tank 3”. The temperature sensor 4 is disposed inside oil tank 3 to measure oil temperature).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Barezzani based on the teaching of Ishijima, to make the electric tool according to claim 1, wherein the sensor is disposed to measure oil temperature in the oil tank. One of ordinary skill in the art would have been motivated to do this modification to accommodate the viscosity change due to temperature change of the oil to be able to “supply a required flow rate while reducing electric power consumption by controlling the rotational speed of the motor”, as Ishijima suggests in [0003].
Barezzani-Ishijima teaches all the limitations except that the sensor is in contact with an outer side of the oil tank.
However, Gates teaches in an analogous art:
the sensor is in contact with an outer side of the oil tank (FIG. 1 and [0032]: sensor 126 is in contact with an outer side of the oil tank 14, to measure the oil temperature).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Barezzani-Ishijima based on the teaching of Gates, to make the electric tool wherein the sensor is in contact with an outer side of the oil tank. One of ordinary skill in the art would have been motivated to do this modification since it can help measure the temperature of the oil.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Barezzani in view of MATSUDA (US 20200183431 A1, hereinafter as “MATSUDA”), and in further view of IWASE (US 20180222469 A1, hereinafter as “IWASE”).
Regarding claim 5, Barezzani teach(es) all the limitations of its base claim from which the claim depends, but does not teach the sensor is in contact with an outer side of the cylinder part.
However, MATSUDA teaches in an analogous art:
sensor is to measure oil temperature ([0046]: “An IDG2 is provided with an oil temperature sensor 35 (oil temperature acquisition unit) that detects the temperature of the hydraulic oil in the hydraulic actuator 20. The oil temperature sensor 35 may be arranged anywhere as long as it can detect the temperature of the oil flowing through the hydraulic circuit of the hydraulic actuator 20, …”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Barezzani based on the teaching of MATSUDA, to make the electric tool wherein the sensor is to measure the hydraulic oil temperature. One of ordinary skill in the art would have been motivated to do this modification since “as the oil temperature decreases, the oil viscosity increases” so measure the oil temperature can help optimized the oil flow rate, as MATSUDA suggests in [0062].
Barezzani-MATSUDA teach the oil temperature sensor may “be arranged anywhere”, but they do not explicitly teach the sensor is in contact with an outer side of the cylinder part.
However, IWASE teaches in an analogous art:
sensor is in contact with an outer side of the cylinder part (FIG. 1 and [0052]: “an oil temperature sensor 64 for detecting the temperature of the lubricating oil”).
Since MATSUDA teaches the oil sensor may by arrange anywhere as long as it can detect the temperature of the oil, and since IWASE teaches a temperature sensor in contact with an outer side of cylinder block to measure oil temperature inside the cylinder block, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Barezzani-MATSUDA based on the teaching of IWASE, to make the electric wherein the sensor is in contact with an outer side of the cylinder part. One of ordinary skill in the art would have been motivated to do this modification since it can help enable measuring the hydraulic oil temperature.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Barezzani in view of MATSUDA, and in further view of Ikeda (US 20190094200 A1, hereinafter as “Ikeda”).
Regarding claim 6, Barezzani teach(es) all the limitations of its base claim from which the claim depends, but does not teach the sensor is in contact with an outer side of the cylinder part.
However, MATSUDA teaches in an analogous art:
sensor is to measure oil temperature ([0046]: “An IDG2 is provided with an oil temperature sensor 35 (oil temperature acquisition unit) that detects the temperature of the hydraulic oil in the hydraulic actuator 20. The oil temperature sensor 35 may be arranged anywhere as long as it can detect the temperature of the oil flowing through the hydraulic circuit of the hydraulic actuator 20, …”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Barezzani based on the teaching of MATSUDA, to make the electric tool wherein the sensor is to measure the hydraulic oil temperature. One of ordinary skill in the art would have been motivated to do this modification since “as the oil temperature decreases, the oil viscosity increases” so measure the oil temperature can help optimized the oil flow rate, as MATSUDA suggests in [0062].
Barezzani-MATSUDA teach the oil temperature sensor may “be arranged anywhere”, but they do not explicitly teach sensor is disposed inside the cylinder part.
However, Ikeda teaches in an analogous art:
sensor is disposed inside the cylinder part (FIG. 1 and [0029]: “The temperature sensor 8 measures an oil temperature inside the cylinder 1”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Barezzani-MATSUDA based on the teaching of Ikeda, to make the electric wherein the sensor is disposed inside the cylinder part. One of ordinary skill in the art would have been motivated to do this modification since it can help enable measuring the hydraulic oil temperature.
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure.
RUCH (US 20200130313 A1): teaches a hand-held pressing tool comprising hydraulic pump and motor controlled based on sensor measurements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES CAI whose telephone number is (571)272-7192. The examiner can normally be reached on M-F 8-5 EST.
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, Kamini Shah can be reached on 571-272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES CAI/Primary Patent Examiner, Art Unit 2115
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