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 .
Response to Amendment
Applicant's submission filed on 05/26/2026 has been entered. Claims 1-3, 5-14, 16-17 and 19-23 remain(s) pending in the application. Applicant's amendments to the Claims are responsive to the rejections previously set forth in the Non Final Office Action mailed 02/25/2026, hereinafter NFOA_2.
Response to Arguments
Applicant’s arguments, with respect to the interpretation of claim(s) 1, 14 and 17 under 35 U.S.C. 112(f) have been fully considered and are persuasive. The applicant amended the term “control element” to “valve element”. The applicant argued that the term “valve element” no longer requires the interpretation. In response, the term “valve element” is a structural term known to one of ordinary skill in the art as a structural component of a valve. Therefore the interpretation has been withdrawn.
Applicant’s arguments, with respect to the interpretation of claim(s) 1, 14 and 17 under 35 U.S.C. 112(a) have been fully considered and are persuasive. The applicant argued that support for the limitation “the bladder relief assembly being selectively adjustable to operate at each of a first set pressure and a second set pressure that is different from the first set pressure”, may be found in [0007, 0018], is accurate. Therefore the rejection has been withdrawn.
Applicant’s arguments, with respect to the rejection of claims 1, 14 and 17 under 35 U.S.C. 103 as being unpatentable over Wagner; Rudolf US 6415641 B1, hereinafter Wagner, in view of FERTIG VOLKER DE 102005029730 A1, hereinafter Fertig, have been fully considered but are not persuasive. In response to the applicant’s argument that the modified device of Wagner/Fertig fails to disclose the limitation “the set pressure of the bladder relief assembly is configured to be selectively adjustable by a user to operate the bladder relief assembly at each of a first set pressure and a second set pressure that is different from the first set pressure”, the examiner respectfully disagrees.
The applicant argues that Fertig’s opening pressure is not selectively adjustable because the opening pressure is only selectively adjusted to match an application requirement (specific pump flow rate and/or avoided pressure drop). In response, it appears that the applicant is arguing that the set pressure IS selectively adjustable, albeit a different reason than the disclosed invention. Stated another way, Fertig’s opening pressure is selectively adjustable, just for a different reason.
The applicant further argues that Fertig’s opening pressure is not selectively adjustable by a user because the opening pressure is only selectively adjusted to match an application requirement (specific pump flow rate and/or avoided pressure drop) such as may be pre-determined or established in a factory setting. In response, the limitation is a functional limitation. The applicant is attempting to define a structural feature by it’s function. To interpret the limitation, when taken in light of the specification, one must consider: what are the defined boundaries, and what would one of ordinary skill in the art would know from the limitation what structure is encompassed.
The applicant’s specification provides a structure in Fig. 11 such as valve element (158) and spring (156) and describes its operation in [0062]. The claim is not limited by this structure or operation. However, the specification’s structure is not depicted/described in such a way to be selectively adjustable by a user. Stated another way, the claim and/or the specification does not provide any additional structure besides the valve element and spring such that the set pressure may be selectively adjustable by a user. Instead, the applicant leaves it up to one of ordinary skill in the art to determine structure such that the set pressure may be selectively adjustable by a user. Stated another way, the limitation is not providing any boundaries beyond structure comprising a valve element that a user may somehow modify to adjust the set pressure. The additional sub-limitation “set by a user” can be broadly interpreted as or does not require a location by which the set pressure is adjusted. Stated another way, the valve element (33/37’) could reasonably be adjusted by replacement of the spring or adjustment of the depicted spring retaining element by the user. This adjustment could be made regardless of the ‘intended’ setting by the factory. Therefore, the modified device of Wagner/Fertig discloses “the set pressure of the bladder relief assembly is configured to be selectively adjustable by a user to operate the bladder relief assembly at each of a first set pressure and a second set pressure that is different from the first set pressure”.
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 of this title, 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, 5-6, 8-14, 16-17, 19 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner; Rudolf US 6415641 B1, hereinafter Wagner, in view of FERTIG VOLKER DE 102005029730 A1, hereinafter Fertig. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (hydraulic pumps, Wagner); or the references is/are reasonably pertinent to the problem faced by the inventor (over pressure relief of pump reservoir, Fertig). MPEP2141.01(a) I.
Regarding claim 1, Wagner discloses (Fig. 2) a hydraulic pump comprising:
a housing (2) including a work port (44);
a bladder (33) that stores hydraulic fluid (Col 4 Ln 32-34);
a pump assembly (26-32) that pumps hydraulic fluid from the bladder to the work port (Col 4 Ln 24-32); and
a removeable fill cap (35).
Wagner fails to explicitly state that the pump further comprises a bladder relief assembly coupled to the bladder, the bladder relief assembly including
a valve element that is movable between a first position that seals the bladder to the atmosphere and a second position that opens the bladder to the atmosphere to relieve a pressure within the bladder, the valve element moving from the first position to the second position when the pressure in the bladder reaches a set pressure, the set pressure of the bladder relief assembly is configured to be selectively adjustable by a user to operate the bladder relief assembly at each of a first set pressure and a second set pressure that is different from the first set pressure.
Fertig discloses (Fig. 1-5, specifically, 5) a removable fill cap (1) coupled to a bladder relief assembly (3) coupled to a bladder [0001], the bladder relief assembly including
a valve element (33/37’) that is movable between a first position that seals the bladder to the atmosphere and a second position that opens the bladder to the atmosphere to relieve a pressure within the bladder, the control element moving from the first position to the second position when the pressure in the bladder reaches a set pressure (“opening pressure”, [0037]) , the set pressure of the bladder relief assembly is configured to be selectively adjustable by a user to operate the bladder relief assembly at each of a first set pressure and a second set pressure that is different from the first set pressure ([0007] states that the opening pressure is adjusted/selected depending upon application, each application fundamentally having various set pressures that are different from each other, if all the applications had the same set pressure value, being adjustable wouldn’t be mentioned and/or required, furthermore, the additional sub-limitation “set by a user” can be broadly interpreted as or does not require a location by which the set pressure is adjusted; stated another way, the valve element (33/37’) could reasonably be adjusted by replacement of the spring or adjustment of the depicted spring retaining element by the user; this adjustment could be made regardless of the ‘intended’ setting by the factory).
Fertig further discloses that bladder relief assembly be provided to prevent excess pressure for safety [0004].
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Wagner, by providing a removeable fill cap coupled to a bladder relief assembly, as taught by Fertig, for the purpose of preventing unsafe excess pressures.
To further clarify the modification, the removeable fill cap of Wagner is replaced with the removeable fill cap by Fertig.
Regarding claim 2, Wagner discloses (Fig. 2) further comprising a release valve positioned between the work port and the bladder to control fluid flow between the work port and the bladder (Col 7 Ln 46-50).
Regarding claim 5, Wagner discloses (Fig. 2) the bladder further comprises a removeable fill cap (35). However, as modified above for claim 1, Fertig’s removeable fill cap (1).
Regarding claim 6, Fertig discloses (Fig. 1-5, specifically, 5) the bladder relief assembly (3) is coupled to the fill cap (1).
Regarding claim 8, Fertig discloses (Fig. 1-5, specifically, 5) the fill cap includes a head (2) and a stem (3) that couples to the bladder, the valve element being moveably disposed in a passage (35) extending between the head and the stem.
Regarding claim 9, Fertig discloses (Fig. 1-5, specifically, 5) the passage (35) includes a first passage (portion of (35) depicted exiting (33)) defined in the head and a second passage (portion of (35) depicted entering (33)) that is defined in the stem, which are selectively fluidly coupled by the valve element (37’).
Regarding claim 10, Fertig discloses (Fig. 1-5, specifically, 5) the first passage (portion of (35) depicted exiting (33)) extends toward the stem and radially through the head (depicted as extending radially through the head towards the stem).
Regarding claim 11, Fertig discloses (Fig. 1-5, specifically, 5) the head defines a flange (portion of (2) approximate (20), see Fig. 3) and a distal end of the first passage is positioned along a side of the flange that faces the bladder [0032].
Regarding claim 12, Wagner discloses (Fig. 2) the housing includes a battery receptacle (14) that is configured to couple to a battery to provide electrical power to the hydraulic pump (Col 3 Ln 50-51).
Regarding claim 13, Wagner discloses (Fig. 2) further comprising a manifold (32) coupled to the work port (44), the manifold disposed inside the housing to allow fluid flow between the bladder and the work port (Col 4 Ln 64 - Col 5 Ln 9), the work port configured to couple to an end effector (40) that performs a work operation (Col 6 Ln 63 - Col 7 Ln 3).
Regarding claim 21, Fertig discloses (Fig. 1-5, specifically, 5) the valve element is configured as a valve poppet (37’).
Regarding claim 14, Wagner discloses (Fig. 2) a bladder assembly for a hydraulic tool, the bladder assembly comprising:
a reservoir (33) defining an internal cavity configured to receive hydraulic fluid (Col 4 Ln 32-34); and
a fill cap (35) removably coupled to the reservoir.
Wagner fails to explicitly state that the fill cap defining a passageway and including valve element moveably disposed along the passageway, the valve element movable between a first position that seals the internal cavity to the atmosphere and a second position that vents the internal cavity to the atmosphere to relieve a pressure within the bladder, the valve element moving from the first position to the second position when the pressure in the bladder reaches a set pressure, where the set pressure is configured to be a selectively adjustable set pressure by a user to operate the bladder assembly at each of a first set pressure and a second set pressure that is different from the first set pressure.
Fertig discloses (Fig. 1-5, specifically, 5) a removable fill cap (1) coupled to a bladder [0001], the fill cap defining a passageway (35) and including valve element (33/37’) moveably disposed along the passageway, the valve element movable between a first position that seals the internal cavity to the atmosphere and a second position that vents the internal cavity to the atmosphere to relieve a pressure within the bladder, the valve element moving from the first position to the second position when the pressure in the bladder reaches a set pressure (“opening pressure”, [0037]) ,
where the set pressure is configured to be a selectively adjustable set pressure by a user to operate the bladder assembly at each of a first set pressure and a second set pressure that is different from the first set pressure ([0007] states that the opening pressure is adjusted/selected depending upon application, each application fundamentally having various set pressures that are different from each other, if all the applications had the same set pressure value, being adjustable wouldn’t be mentioned and/or required, furthermore, the additional sub-limitation “set by a user” can be broadly interpreted as or does not require a location by which the set pressure is adjusted; stated another way, the valve element (33/37’) could reasonably be adjusted by replacement of the spring or adjustment of the depicted spring retaining element by the user; this adjustment could be made regardless of the ‘intended’ setting by the factory).
Fertig further discloses that bladder relief assembly be provided to prevent excess pressure for safety [0004].
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Wagner, by providing a removeable fill cap coupled to a bladder relief assembly, as taught by Fertig, for the purpose of preventing unsafe excess pressures.
To further clarify the modification, the removeable fill cap of Wagner is replaced with the removeable fill cap by Fertig
Regarding claim 16, Fertig discloses (Fig. 1-5, specifically, 5) the fill cap includes a stem (3) that couples to the reservoir and a head (2) that extends from the stem to be manipulable by a user, the head including a first segment (portion of (35) depicted exiting (33)) of the passageway that extends toward an outer perimeter of the head and toward the reservoir (depicted as extending radially through the head towards the stem).
Regarding claim 22, Fertig discloses (Fig. 1-5, specifically, 5) the valve element is configured as a valve poppet (37’).
Regarding claim 17, Wagner discloses (Fig. 2) a power tool comprising:
a housing (2) including a battery receptacle (14, Col 3 Ln 50-51);
a drive unit (4) disposed within the housing;
a pump (26-32) operatively coupled to the drive unit to provide a pressurized fluid (Col 4 Ln 24-32);
a trigger (15) that allows a user to control the drive unit to operate the power tool (Col 3 Ln 30-34); and
a bladder assembly (33/35) disposed in the housing, the bladder assembly including:
a reservoir (33) defining an internal cavity configured to receive hydraulic fluid (Col 4 Ln 32-34); and
a fill cap (35) removably coupled to the reservoir (Col 4 Ln 34-38).
Wagner fails to explicitly state that the fill cap defining a passageway and including a valve element moveably disposed along the passageway, the valve element movable between a first position that seals the internal cavity to the atmosphere and a second position that vents the internal cavity to the atmosphere to relieve a pressure within the bladder when the pressure in the bladder reaches a set pressure and the fill cap extending outside the housing to allow a user to selectively vary the set pressure to operate the bladder assembly at each of a first set pressure and a second set pressure that is different from the first set pressure.
Fertig discloses (Fig. 1-5, specifically, 5) a fill cap (1) removably coupled to a reservoir (3), the fill cap defining a passageway (35) and including a valve element (33/37’) moveably disposed along the passageway, the valve element movable between a first position that seals the internal cavity to the atmosphere and a second position that vents the internal cavity to the atmosphere to relieve a pressure within the bladder when the pressure in the bladder reaches a set pressure (“opening pressure”, [0037]) , the fill cap extending outside the housing (depicted as extending outside the housing and further evidenced by [0027-0028], whereby ‘the portion (2) extends outside the container’) to allow a user to selectively vary the set pressure to operate the bladder assembly at each of a first set pressure and a second set pressure that is different from the first set pressure ([0007] states that the opening pressure is adjusted/selected depending upon application, each application fundamentally having various set pressures that are different from each other, if all the applications had the same set pressure value, being adjustable wouldn’t be mentioned and/or required, furthermore, the additional sub-limitation “set by a user” can be broadly interpreted as or does not require a location by which the set pressure is adjusted; stated another way, the valve element (33/37’) could reasonably be adjusted by replacement of the spring or adjustment of the depicted spring retaining element by the user; this adjustment could be made regardless of the ‘intended’ setting by the factory).
Fertig further discloses that bladder relief assembly be provided to prevent excess pressure for safety [0004].
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Wagner, by providing a removeable fill cap coupled to a bladder relief assembly, as taught by Fertig, for the purpose of preventing unsafe excess pressures.
To further clarify the modification, the removeable fill cap of Wagner is replaced with the removeable fill cap by Fertig.
Regarding claim 19, Wagner discloses (Fig. 2) the power tool includes a manifold (32) having a work port (44) that couples to an end effector (40) that performs a work operation (Col 6 Ln 63-Col 7 Ln 3).
Regarding claim 23, Fertig discloses (Fig. 1-5, specifically, 5) the valve element is configured as a valve poppet (37’).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wagner, in view of Fertig as disclosed above for claim 2, and in further view of Ballard; James G. et al. US 10312653 B2, hereinafter Ballard. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (hydraulic pumps, Ballard). MPEP2141.01(a) I.
Regarding claim 3, Wagner discloses the claimed invention substantially as claimed, as set forth above for Claim 2 except fails to explicitly state that the release valve includes a knob extending outside the housing to allow a user to manipulate the release valve.
Ballard discloses (Fig. 3, 9) a hydraulic pump comprising:
a housing (340) including a work port (123B);
a bladder (60) that stores hydraulic fluid;
a pump assembly (40) that pumps hydraulic fluid from the bladder to the work port; and
a release valve (200) positioned between the work port and the bladder to control fluid flow between the work port and the bladder (Col 5 Ln 16-24), the release valve includes a knob (180) extending outside the housing to allow a user to manipulate the release valve (Col 5 Ln 16-24).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Wagner, by providing a knob, as taught by Ballard, for the purpose of allowing a user to manipulate the release valve and return the device to a neutral/start position.
Claim 7 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wagner, in view of Fertig as disclosed above for claim 6 and 17, and in further view of Goettker; Bernhardt P. US 5040816 A, hereinafter Goettker. The references is/are considered analogous art to the claimed invention because the references is/are reasonably pertinent to the problem faced by the inventor (closure of reservoir openings, Fertig). MPEP2141.01(a) I.
Regarding claim 7, Wagner discloses the claimed invention substantially as claimed, as set forth above for Claim 2 except fails to explicitly state that the fill cap extends outside of the housing.
Goettker discloses (Fig. 14, 15) a bladder assembly for a hydraulic tool, the bladder assembly comprising:
a housing (30)
a reservoir (140/144) defining an internal cavity (140) and a bladder (144) configured to receive hydraulic fluid;
a fill cap (148) removably coupled to the reservoir; and
a mounting bracket (146) coupled between the reservoir and the fill cap (depicted as coupled between (140/144 & 148);
wherein the fill cap extends outside of the housing (depicted as extending out of the housing in Fig. 15).
Goettker further discloses the mounting bracket and fill cap extending outside of the housing enables minimum time and effort to be required to check reservoir fluid level and to replenish the fluid as needed (Col 6 Ln 49-51).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Wagner, by providing a mounting bracket and fill cap extending outside of the housing, as taught by Goettker, for the purpose of enabling minimum time and effort to be required to check reservoir fluid level and to replenish the fluid as needed.
Regarding claim 20, Wagner discloses the claimed invention substantially as claimed, as set forth above for Claim 2 except fails to explicitly state that the bladder includes a mounting bracket coupled between the reservoir and the fill cap, the mounting bracket couplable to the housing.
Goettker discloses (Fig. 14, 15) a bladder assembly for a hydraulic tool, the bladder assembly comprising:
a housing (30)
a reservoir (140/144) defining an internal cavity (140) and a bladder (144) configured to receive hydraulic fluid;
a fill cap (148) removably coupled to the reservoir; and
a mounting bracket (146) coupled between the reservoir and the fill cap, , the mounting bracket couplable to the housing (depicted as coupled between (140/144 & 148);
wherein the fill cap extends outside of the housing (depicted as extending out of the housing in Fig. 15).
Goettker further discloses the mounting bracket and fill cap extending outside of the housing enables minimum time and effort to be required to check reservoir fluid level and to replenish the fluid as needed (Col 6 Ln 49-51).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Wagner, by providing a mounting bracket and fill cap extending outside of the housing, as taught by Goettker, for the purpose of enabling minimum time and effort to be required to check reservoir fluid level and to replenish the fluid as needed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW WIBLIN whose telephone number is (571)272-9836. The examiner can normally be reached Monday-Friday 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW WIBLIN/ Primary Examiner, Art Unit 3745
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