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
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.
Claims 8 and 12 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 pre-AIA the applicant regards as the invention.
Claim 8 recites the limitation "the auxiliary valve unit" in line 2. There is insufficient antecedent basis for this limitation in the claim as it was first claimed in claim 7. Accordingly, claim 8 is examined below with the assumption that it depends from claim 7.
Claim 12 recites the limitation "the hydraulic precontrol valve" in line 1. There is insufficient antecedent basis for this limitation in the claim as it was part of an “or” clause in claim 11, which means it was not distinctly claimed/required by claim 11.
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.
Claims 1-3, 7, 8-11, and 13-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Vigholm (US 2012/0233993).
In re claim 1, Vigholm discloses a hydraulic arrangement (120) for a utility vehicle (1), the hydraulic arrangement comprising: a hydraulic displacement pump (123) and a supply connection (135) as an interface for supplying hydraulic consumers (122, 124) of the utility vehicle; a displacement control unit (see [0045]-[0048]) which is dependent on an output pressure of the displacement pump for displacing the displacement pump; a hydraulic auxiliary pump (121) and an auxiliary supply connection as an interface for alternatively supplying at least some of the consumers; and a hydraulic valve unit (125) which is hydraulically arranged in a throughflow path between a pump output (136) of the displacement pump and the supply connection (135); wherein the hydraulic valve unit has a first switching position (125, left) in which the pump output of the displacement pump is hydraulically connected to the supply connection and hydraulically separated from an output of the auxiliary pump, and a second switching position (125, right), in which the pump output of the displacement pump is hydraulically separated from the supply connection and hydraulically connected to the output of the auxiliary pump (as shown in Figure 3).
In re claim 2, Vigholm further discloses wherein the valve unit is in the second switching position (125, right) thereof with the displacement pump being stopped and the auxiliary pump being driven as shown in Figure 3.
In re claim 3, Vigholm further discloses wherein the hydraulic arrangement has at least one of the following features with an increasing output pressure at the pump output of the displacement pump after reaching or exceeding a predetermined desired pressure: the valve unit is in a different switching position from the second switching position; the drive of the auxiliary pump is reduced or deactivated; and the displacement pump is driven (displacement pump remains in driven position since threshold is set to less than 100% flow capacity; see [0034].
In re claim 7, Vigholm further discloses wherein in an auxiliary throughflow path between the output of the auxiliary pump and the auxiliary supply connection is a hydraulic auxiliary valve unit (130) having a plurality of switching positions, wherein in a first switching position of the plurality of switching positions, the output of the auxiliary pump is hydraulically connected to the auxiliary supply connection (valve in on position), and in a second switching position of the plurality of switching positions, the output of the auxiliary pump is hydraulically separated from the auxiliary supply connection (valve in off position) (as shown in Figure 3).
In re claim 8, Vigholm further discloses wherein at least one of the valve unit or the auxiliary valve unit is at least one of the following: in the second switching position thereof with the auxiliary pump being driven, or in the first switching position thereof with the displacement pump being driven (as shown in Figure 3).
In re claim 9, Vigholm further discloses wherein at least one of the valve unit or the auxiliary valve unit can be controlled in order to change the switching position thereof in accordance with sensor signals of a pressure sensor (129, 131; see [0045]-[0046]) which is hydraulically connected to the output of the auxiliary pump or the pump output (as shown in Figure 3).
In re claim 10, Vigholm further discloses wherein the valve unit has a control input (control unit, not shown) which is hydraulically connected to the pump output of the displacement pump (see [0045]).
In re claim 11, Vigholm further discloses wherein at least one of the valve unit or the auxiliary valve unit can be electrically controlled directly (electrically controlled valves; see [0045]-[0046]) or can be controlled via an electrically controllable hydraulic precontrol valve (not required by claim due to “or”).
In re claim 13, Vigholm discloses a utility vehicle (1), comprising: a drive motor (engine, see [0027]); and a hydraulic arrangement (120) including: a hydraulic displacement pump (123) and a supply connection (135) as an interface for supplying hydraulic consumers (122, 124) of the utility vehicle; a displacement control unit (see [0045]-[0048]) which is dependent on an output pressure of the displacement pump for displacing the displacement pump; a hydraulic auxiliary pump (121) and an auxiliary supply connection as an interface for alternatively supplying at least some of the consumers; and a hydraulic valve unit (125) which is hydraulically arranged in a throughflow path between a pump output (136) of the displacement pump and the supply connection (135); wherein the valve unit has a first switching position (125, left) in which the pump output of the displacement pump is hydraulically connected to the supply connection and hydraulically separated from an output of the auxiliary pump, and a second switching position (125, right), in which the pump output of the displacement pump is hydraulically separated from the supply connection and hydraulically connected to the output of the auxiliary pump (as shown in Figure 3).
In re claim 14, Vigholm further discloses wherein the drive motor is drivingly connected to the displacement pump (123) (see [0027]).
In re claim 15, Vigholm further discloses wherein the auxiliary supply connection is hydraulically connected to at least one of a brake system or a steering system of the utility vehicle (steering cylinders of the second actuator 124 via valve 125 as shown in Figure 3).
Allowable Subject Matter
Claims 4-6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The specific limitations of “wherein the valve unit has a separation switching position, in which the pump output of the displacement pump is hydraulically separated from the supply connection and the output of the auxiliary pump” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not disclose a hydraulic arrangement having the two switching positions as claimed in claim 1 that further includes a separation switching position that separates the outputs of the pump and auxiliary pump.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The specific limitations of “wherein the hydraulic precontrol valve has a control pressure connection which is hydraulically connected to a hydraulic control pressure input of the valve unit or the auxiliary valve unit, wherein the control pressure connection in one switching position of the precontrol valve is hydraulically connected to a hydraulic tank, and in another switching position of the precontrol valve is hydraulically connected to the output of the auxiliary pump” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not disclose a hydraulic arrangement having a precontrol valve in the combination as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references cited on the attached PTO-892 teach hydraulic devices of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Stabley whose telephone number is (571)270-3249. The examiner can normally be reached on M-F 9-5:30.
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, Valentin Neacsu can be reached on (571) 272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R STABLEY/Examiner, Art Unit 3611
/KEVIN HURLEY/Primary Examiner, Art Unit 3611
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