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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “48” has been used to designate both a fluid port and an engagement part. 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. 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 § 112
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.
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 13 and 23-24 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation: “wherein the accumulator housing comprises a cylindrical housing wall (14), which is sealed with a housing lid (28, 30) at at least one end, said housing lid (30) comprising the attachment part (26) on its outer side facing away from the separating piston.” It is unclear how this housing lid (for instance 30 in Figure 1) is capable of sealing the housing wall since the lid has a flow path (24) formed therein. At best, this housing lid partially closes the cylindrical housing wall which will be the interpretation used for examination purposes. A similar limitation is presented in claim 24 which is also rejected for the same reasons and interpreted as presented above.
Regarding claim 23, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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) 11, 13-14, 19-23 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He (CN 101956732, English translation appended). Regarding Claim 11:In Figure 3, He discloses a hydraulic accumulator, having a separating element (piston 27) which is arranged in an accumulator housing (14) and separates two fluid chambers (chamber above 27 and chamber below 27) from one another in a fluid-tight manner (sealing ring 19 on piston separates the chambers in a fluid tight manner, see paragraph [0024]), wherein a fluid port (port formed at the top of 14 connected to 11, henceforth referred to as FP) is fluidically connected to one of the fluid chambers (connected to the top chamber as seen in Figure 3), wherein outside the accumulator housing (14) and fixed thereto, is an attachment part (11) with a magnetic-field-generating device (magnetic rod filter 30) which acts on a fluid connection (connection depicted at 29 in Figure 3, henceforth referred to as FC) between the fluid port (FP) of the accumulator housing (14) and a fluid port (13) of the attachment part in such a way that magnetisable particles can be separated in a cleaning manner from the fluid passing through the fluid connection (as mentioned in paragraph [0024]: “the inner rod filter 30 is set at the connecting part; for filtering magnetic impurities.” This clearly indicates that magnetizable particles can be separated in a cleaning manner from the fluid via magnetic attraction to the magnetic-field generating device 30 as further mentioned in the abstract).Regarding Claim 13:In Figure 3, He discloses a hydraulic accumulator, wherein the accumulator housing comprises a cylindrical housing wall (14, described as a piston cylinder in paragraph [0025]), which is sealed (i.e., partially closed as mentioned in the 112 rejection above) with a housing lid (baffle 29) at at least one end (top end), said housing lid (29) comprising the attachment part (11) on its outer side facing away from the separating piston (as seen in Figure 3, the attachment part is formed on the outer upper side of 29).Regarding Claims 14 and 26:In Figure 3, He discloses a hydraulic accumulator, wherein the fluid connection (FC) inside the attachment part (11) runs in a straight line, coaxially with respect to the fluid port (as seen in Figure 3 they are coaxial in a straight line), in the accumulator housing, and wherein the magnetic-field-generating device (30) is arranged transversely, at least with respect to parts of the fluid connection and engaging in said fluid connection in the attachment part (as seen in Figure 3, 30 is arranged transversely to the FC).Regarding Claim 19:In Figure 3, He discloses the hydraulic accumulator, wherein a seal (at 28) is provided at a connection point between the attachment part and the accumulator housing (as mentioned in claim 6: “the top of the oil crockery body (14) is provided with a connection piece (11), and screwed and fixed on the oil crockery body (14); the connection piece (11) prevents loosening via the anti-loosening round bolt (28).” This indicates that the screw interface between 14 and 11 forms an seal closed off by 28).Regarding Claim 20:In Figure 3, He discloses an attachment part (14, 11) for a retrofit kit for a piston accumulator (the piston accumulator can be used in a retrofit kit wherein the phrase retrofit kit is broadly interpreted as any accumulator that can be installed in a retrofit manner in any hydraulic system), wherein a magnetic-field-generating device (30) is inserted into a fluid connection (fluid connection within 14 and 11) inside a mounting block (14,11), said fluid connection comprising two fluid port points (23 and 13) leading to the outside (both 23 and 13 are disclosed as fluid outlets).Regarding Claim 21:In Figure 3, He discloses the hydraulic accumulator, wherein the hydraulic accumulator is a piston accumulator (accumulator with piston 27).Regarding Claim 22:In Figure 3, He discloses the hydraulic accumulator, wherein a first of the two fluid chambers is a closed accumulator chamber for a working gas (chamber above piston 27 is connected to a working gas via nitrogen inlet and outlet 13, see paragraph [0024]. This chamber is also connected to a gas tank 3 via valve 4, see Figure 1 and paragraph [0023]).Regarding Claim 23:In Figure 3, He discloses the hydraulic accumulator, wherein a second (bottom chamber below piston 27) of the two fluid chambers is a liquid chamber for an operating liquid such as hydraulic oil (oil provided to bottom chamber via port 23, see paragraph [0024]).
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) 12 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over He (CN 101956732, English translation appended).Regarding Claim 12:In Figure 3, He discloses the hydraulic accumulator, wherein the attachment part furnished with an engagement part (depicted at 29 in Figure 3), connected flush with the accumulator housing via a flange plate (29 forms a flange plate that is connected flush with the top of the accumulator housing 14 as seen in Figure 3).He fails to disclose that the attachment part is configured as a cuboid or parallelepiped.It would have been an obvious matter of design choice to design the exterior of the attachment part to be shaped as a cuboid or a parallelepiped, since such a modification would have involved a mere change in the shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. Regarding Claim 24:In Figure 3, He discloses a hydraulic accumulator, wherein the accumulator housing comprises a cylindrical housing wall (14, described as a piston cylinder in paragraph [0025]), which is sealed (i.e., partially closed as mentioned in the 112 rejection above) with a housing lid (baffle 29) at at least one end (top end), said housing lid (29) comprising the attachment part (11) on its outer side facing away from the separating piston (as seen in Figure 3, the attachment part is formed on the outer upper side of 29).Regarding Claim 25:In Figure 3, He discloses a hydraulic accumulator, wherein the fluid connection (FC) inside the attachment part (11) runs in a straight line, coaxially with respect to the fluid port (as seen in Figure 3 they are coaxial in a straight line), in the accumulator housing, and wherein the magnetic-field-generating device (30) is arranged transversely, at least with respect to parts of the fluid connection and engaging in said fluid connection in the attachment part (as seen in Figure 3, 30 is arranged transversely to the FC).
Claim(s) 15-17 and 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over He (CN 101956732, English translation appended) in view of Flaherty (US 2007/0262028). Regarding Claims 15-17 and 27-29:He is silent regarding whether the magnetic field-generating device is formed by a permanent magnet (per claims 15 and 27-29) and also fails to disclose the structural details associated with this permanent magnet (per claims 16-17). However, in Figures 1-5, Flaherty discloses a similar magnetic-field-generating device (10) used in a hydraulic system for filtration related to removal of magnetizable particles (see paragraph [0004]). Flaherty further discloses: the magnetic-field-generating device (10) is formed by a permanent magnet (Neodymium permanent magnet 6, see paragraph [0029]) (per claims 15 and 27-29); wherein the permanent magnet (6) comprises a magnetic rod (6 depicted as a rod in Figure 1), which is inserted into a fluid connection (flow passage 101, see paragraph [0029] and Figure 5) using a fixing screw (18) at an axial and radial distance from housing parts of the attachment part (as mentioned in paragraph [0027]: “Externally threaded portion 18 provides means for securing device 10 in a threaded installation bore 100 by engagement with internally threaded section 103.”) (per claim 16); wherein the fixing screw, configured as a magnetic plug, is part of the permanent magnet (as seen in Figure 1, the fixing screw 18 comprises a magnetic plug with the elements 6 and 14) (per claim 17). Hence, based on Flaherty’s teachings, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace He’s magnetic-field-generating device (30) with Flaherty’s magnetic-field-generating device installed in a bore formed in He’s attachment part (11) at the same location as the existing magnetic-field-generating part, wherein it would be attached in the same manner as described by Flaherty (see above), wherein said magnetic-field-generating device would provide a robustly formed, easily replaceable magnetic plug type filter device that would reliably perform magnetic filtration.
Claim(s) 18 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over He (CN 101956732, English translation appended) as evidenced by Daiber et al. (herein Daiber) (US 5,474,304).He is silent regarding the material used to make the attachment part (11). However column 4, lines 59-63 Daiber states: “FIG. 1 illustrates a preferred differential pressure accumulator 10 in accordance with the invention. The accumulator includes a cylinder or barrel 12 formed from a non-magnetic material such as aluminum or stainless steel, having a smooth, cylindrical inside surface 14.” This establishes that a non-magnetizable material such as stainless steel is suitable to from a housing element of a piston accumulator since it is well known in the art that piston cylinders and attachment parts can be formed from materials that are less susceptible to corrosion such as stainless steel.Hence, based on common knowledge in the art and the evidenced cited by Daiber, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have made He’s attachement part from a non-magnetizable material such as stainless steel (as evidenced by Daiber) since doing so would ensure that the attachment part would be less susceptible to corrosion while providing robust material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 201884345 – Accumulator with magnetic filter. CN 111396379 - Accumulator with magnetic filter.
US 8616183 – System with accumulator and magnetic filter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone number is (571)270-7571. The examiner can normally be reached Monday - Friday 12 pm -8 pm ET.
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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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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746
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