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 were received on 8/8/2024. These drawings are acceptable.
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 3 and 13 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.
Claims 3 and 13 iterates the limitation “gap is configured to filter a frequency”, line 1. It is unclear as to what the frequency is referring and therefore is indefinite as it does not particularly point out the subject matter to which the limitation is regarding as an element of the invention.
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.
Claims 1-2, 4, 10-12, 14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Andersen et. al. (US 4577663) in view of Bodman et. al. (US 20190225203).
Regarding claims 1, 11, and 20, Andersen et. al. teaches: exposing an accumulator to a medium (accumulator is exposed to a medium [Col. 1, lines 11-14]) An accumulator comprising: an inlet (inlet 6 [the Figure and Col. 3, lines 60-66]); an outlet (outlet located at fittings 13, 14, and 15 [the Figure and Col. 4, line 66 – Col. 5, line 1]); a passageway between the inlet and the outlet (passageway between inlet 6 and outlet at 13, 14, and 15 via the housing 2 [Figure and Col. 3, lines 58-66]); a piston disposed in the passageway between the inlet and the outlet (Piston 3 [the Figure]); and wherein a gap between a side of the passageway and a second side of the piston facing the side of the passageway allows a leakage of a medium (gap 7c between piston 6 and housing 2 [the Figure and Col. 4, lines 35-47 and line 57 – Col. 5, line 1]); moving the piston disposed within the passageway based on a difference of pressure of the medium at the inlet and the outlet (piston 3 moves based on pressure from inlet 6 and outlet [Col. 4, lines 2-7]); and enabling leakage of the medium to traverse between the inlet and the outlet via a gap of the accumulator that is formed between a side of the passageway and a second side of the piston facing the side of the passageway (if pressure is increase too much, the medium is permitted to pass through the gap 7c between the housing 2 and piston 3 and traverse between inlet 6 and outlet 13, 14, 15 [Col. 4, line 57 – Col. 5, line 1]).
Andersen et. al. fails to teach a resilient member disposed between the piston and the outlet.
Bodman et. al. teaches: a resilient member disposed between the piston and an end of the accumulator (comprises a resilient member in form of a coil spring 36 disposed end of the accumulator and the piston 42 [Fig. 1 and Para. 14, lines 1-18]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to dispose spring of Bodman et. al. between the first side of the piston facing the outlet and the outlet of Andersen et. al. in order to return the piston to a desired position and assist with venting of fluids while system undergoes pressure fluctuations (Bodman et. al. – Para. 15, lines 1-14 and Para. 16).
Regarding claims 2 and 12, the combination of Andersen et. al. and Bodman et. al. teaches: The accumulator of claims 1 and 11, wherein the gap is configured to filter a frequency band of noise caused by an upstream device or a downstream device relative to the accumulator based on an amount of the leakage of the medium (gap is configured to allow a specific amount of fluid across the piston if too large of fluid pressure increases due to pump within system [Andersen et. al. - Col. 4, lines 57-61, Col. 5, lines 10-15, and Col. 5, lines 55-62]).
Regarding claims 4 and 14, the combination of Andersen et. al. and Bodman et. al. teaches: The accumulator of claims 1 and 11, further comprising: a baffle, wherein the baffle is disposed between the piston and the outlet and includes one or more through-holes (Baffle 4 disposed between outlet and piston 3 [Andersen et. al. - the Figure]); and a rod, wherein the rod and the resilient member are disposed between the baffle and the piston, and wherein the resilient member surrounds the rod (rod 12 disposed between baffle 4 and piston 3 [Andersen et. al. – the Figure] and furthermore, Bodman et. al. teaches a baffle 24 with a rod member 26 disposed between baffle 24 and piston 40 wherein a spring/resilient member 36 surrounds the rod [Fig. 1]).
Regarding claims 10 and 19, the combination of Andersen et. al. and Bodman et. al. teaches: The accumulator of claim 1 and 11, wherein the resilient member is a spring (resilient member is a spring 36 [Bodman et. al. – Fig. 1]).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Andersen et. al. (US 4577663) in view of Bodman et. al. (US 20190225203) as applied to claim 4 and 14, respectively, above, and further in view of Kloft et. al. (US 10941789).
Regarding claims 5 and 15, the combination of Andersen et. al. and Bodman et. al. teaches: 5. The accumulator of claim 4 and 14 but fails to teach the further limitations
Kloft et. al. teaches: wherein the rod is affixed to the baffle but not the piston (rod 29 affixed to baffle 5 but not piston 9 [Fig. 1]), allowing the piston to move along a length of the rod via a guide hole of the piston (rod 29 acts as a guide through hole 51 within the piston 9 [Fig. 1 and Col. 5, lines 41-43]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to combine the accumulator of Andersen et. al. and Bodman et. al. with the teachings of the guidance of the piston via a rod of Kloft et. al. in order to reliably attain guidance of the piston within the internal housing of the accumulator and meet consistent desired separation of two working chambers within the accumulator (Kloft et. al. – Col. 2, lines 13-22).
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Andersen et. al. (US 457763) in view of Bodman et. al. (US 20190225203) and Kloft et. al. (US 10941789) as applied to claims 5 and 15 above, and further in view of Wright (US 3913460).
Regarding claims 6 and 16, the combination of Andersen et. al., Bodman et. al., and Kloft et. al. teaches the accumulator of claim 5 and 15 but fails to teach the further limitations
Wright teaches: wherein a bumper member is disposed on a third side of the piston facing the inlet (bumper 40 attached to a side of piston 18 facing an inlet 22 [Fig. 1 and Col. 2, lines 24-32 and Col. 2, lines 62-68]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to combine the accumulator of Andersen et. al., Bodman et. al., and Kloft et. al. with the cushioning resilient bumper of Wright in order to supply a feature for cushioning an impact of the piston and thus protect the integrity of the piston in the case of impact with an end of the housing (Wright – Col. 1, lines 38-50).
Claims 7, 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Andersen et. al. (US 4577663) in view of Bodman et. al. (US 20190225203) as applied to claims 4 and 14 above, and further in view of Wright (US 3913460).
Regarding claims 7 and 17, the combination of Andersen et. al. and Bodman et. al. teaches the accumulator of claim 4 and 14 but fails to teach the further limitations.
Wright teaches: wherein the rod is affixed to the piston but not the baffle, allowing the piston and the rod to move together, and wherein the rod moves through a guide hole of the baffle (rod 20 affixed to piston 19, and moves with the piston and through a guide hole in baffle 16 and 26 [Figs. 1 and 2, Col. 2, lines 24-32]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to combine the accumulator of Andersen et. al. and Bodman et. al. with the teachings of Wright in order to maintain axial alignment and stability with the baffle end via the rod member affixed to the piston and supply a feature for cushioning an impact of the piston and thus protect the integrity of the piston in the case of impact with an end of the housing (Wright – Col. 1, lines 38-50).
Regarding claim 8, the combination of Andersen et. al., Bodman et. al., and Wright teaches: The accumulator of claim 7, wherein a bumper member is disposed at an end of the rod (bumper 40 attached to a side of piston 18 at the end of rod 20 [Wright - Fig. 1 and Col. 2, lines 62-68]).
Claims 1, 4, 7, 9-11, 14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shah et. al. (US 9709077) in view of Bodman et. al. (US 20190225203).
Regarding claims 1, 11, and 20, Shah et. al. teaches: exposing an accumulator to a medium (accumulator 20 is exposed to a medium 8L via chamber 8 [Col. 4, lines 28-29 and Fig. 5C]) An accumulator comprising: an inlet (inlet 61 [Figs. 1 and 3E]); an outlet (outlet 13 [Fig. 5A]); a passageway between the inlet and the outlet (passageway between inlet 61 and outlet 13 made by housing 3 [Fig. 5A]); a piston disposed in the passageway between the inlet and the outlet (piston 4 disposed in passageway [Fig. 1 and 5A]); and wherein a gap between a side of the passageway and a second side of the piston facing the side of the passageway allows a leakage of a medium (gap is formed between side of passageway and piston 4 allowing leakage of medium 8L [Fig. 5C]); moving the piston disposed within the passageway based on a difference of pressure of the medium at the inlet and the outlet (piston 4 moves with normal course of working accumulator 20 [Col. 8, lines 3-6]); and enabling leakage of the medium to traverse between the inlet and the outlet via a gap of the accumulator that is formed between a side of the passageway and a second side of the piston facing the side of the passageway (enables medium 8L to traverse the gap and pass from inlet 61 to outlet 13 [Fig. 5C and Col. 7, lines 23-37]).
Shah et. al. fails to teach the resilient member disposed between piston and outlet.
Bodman et. al. teaches: a resilient member disposed between the outlet and a first side of the piston facing the outlet (comprises a resilient member in form of a coil spring 36 disposed end of the accumulator and the piston 42 [Fig. 1 and Para. 14, lines 1-18]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to dispose spring of Bodman et. al. between the first side of the piston facing the outlet and the outlet of Shah et. al. in order to return the piston to a desired position and assist with venting of fluids while system undergoes pressure fluctuations (Bodman et. al. – Para. 15, lines 1-14 and Para. 16).
Regarding claims 4 and 14, the combination of Shah et. al. and Bodman et. al. teaches: The accumulator of claims 1 and 11, further comprising: a baffle, wherein the baffle is disposed between the piston and the outlet and includes one or more through-holes (baffle 5a disposed between piston 4 and outlet 13 with through hole 72 [Shah et. al. - Fig. 5A and Col. 6, lines 52-57]); and a rod, wherein the rod and the resilient member are disposed between the baffle and the piston (rod 41 [Shah et. al. - Fig. 3B] disposed between baffle 5a and piston 4 [Shah et. al. - Fig. 5A]), and wherein the resilient member surrounds the rod (Bodman et. al. teaches a baffle 24 with a rod member 26 disposed between baffle 24 and piston 40 wherein a spring/resilient member 36 surrounds the rod [Fig. 1]).
Regarding claims 7 and 17, the combination of Shah et. al. and Bodman et. al. teaches: The accumulator of claim 4 and 14, wherein the rod is affixed to the piston but not the baffle, allowing the piston and the rod to move together, and wherein the rod moves through a guide hole of the baffle (rod 41 affixed to piston 4 and thus move together where it travels through the guide hole 71 of the baffle 5a [Shah et. al. - Fig. 5A and Col. 8, lines 3-6]).
Regarding claims 9 and 18, the combination of Shah et. al. and Bodman et. al. teaches: The accumulator of claim 1 and 11, wherein the medium is water (accumulator is a hydro accumulator and is functional with water as the medium 8L [Shah et. al. - Col. 8, lines 39-42]).
Regarding claims 10 and 19, the combination of Shah et. al. and Bodman et. al. teaches: The accumulator of claim 1 and 11, wherein the resilient member is a spring (resilient member is a spring 36 [Bodman et. al. – Fig. 1]).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Shah et. al. (US 9709077) in view of Bodman et. al. (US 20190225203) as applied to claims 4 and 14 above, and further in view of Kloft et. al. (US 10941789).
Regarding claims 5 and 15, the combination of Shah et. al. and Bodman et. al. teaches: 5. The accumulator of claim 4 and 14 but fails to teach the further limitations.
Kloft et. al. teaches: wherein the rod is affixed to the baffle but not the piston (rod 29 affixed to baffle 5 but not piston 9 [Fig. 1]), allowing the piston to move along a length of the rod via a guide hole of the piston (rod 29 acts as a guide through hole 51 within the piston 9 [Fig. 1 and Col. 5, lines 41-43]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to combine the accumulator of Shah et. al. and Bodman et. al. with the teachings of the guidance of the piston via a rod of Kloft et. al. in order to reliably attain guidance of the piston within the internal housing of the accumulator and meet consistent desired separation of two working chambers within the accumulator (Kloft et. al. – Col. 2, lines 13-22).
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shah et. al. (US 9709077) in view of Bodman et. al. (US 20190225203) and Kloft et. al. (US 10941789) as applied to claims 5 and 15 above, and further in view of Wright (US 3913460).
Regarding claims 6 and 16, the combination of Shah et. al., Bodman et. al., and Kloft et. al. teaches the accumulator of claim 5 and 15 but fails to teach the further limitations
Wright teaches: wherein a bumper member is disposed on a third side of the piston facing the inlet (bumper 40 attached to a side of piston 18 [Fig. 1 and Col. 2, lines 62-68]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to combine the accumulator of Shah et. al., Bodman et. al., and Kloft et. al. with the cushioning resilient bumper of Wright in order to supply a feature for cushioning an impact of the piston and thus protect the integrity of the piston in the case of impact with an end of the housing (Wright – Col. 1, lines 38-50).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shah et. al. (US 9709077) in view of Bodman et. al. (US 20190225203) as applied to claim 7 above, and further in view of Wright (US 3913460).
The combination of Shah et. al. and Bodman et. al. teaches the accumulator of claim 7 but fails to teach the further limitations.
Wright teaches: wherein a bumper member is disposed at an end of the rod (bumper 40 attached to a side of piston 18 at the end of rod 20 [Fig. 1 and Col. 2, lines 62-68]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to combine the accumulator of Shah et. al. and Bodman et. al. with the cushioning resilient bumper of Wright in order to supply a feature for cushioning an impact of the piston and thus protect the integrity of the piston in the case of impact with an end of the housing (Wright – Col. 1, lines 38-50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Patil et. al. (US 5680988) teaches: a piston separating an upstream and downstream portion of a pipe wherein fluid is capable of flowing past the piston due to pressure fluctuation (Abstract and Figure 1).
Jackan et. al. (US 20180045229) teaches: teaches a pressure vessel comprising a rod affixed to a piston sliding through a guide hole in a baffle (Abstract and Fig. 5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DENNIS LEARY whose telephone number is (571)272-1685. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm.
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, Craig Schneider can be reached at 571-272-3607. If Craig Schneider cannot be reached, please contact Kenneth Rinehart at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHUA D LEARY/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
Prosecution Insights