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 amendment filed on 5/14/26 is acknowledged.
The applicant has overcome rejections of claims 3-6 under 35 USC 112(a) by amending claims 1 and 3-6. The rejections of claims 3-6 under 35 USC 112(a) are withdrawn.
The applicant has overcome rejections of claims 2 and 7-15 under 35 USC 112(b) by amending claims 2 and 7-15. The rejections of claims 2 and 7-15 under 35 USC 112(b) are withdrawn.
The applicant has overcome the rejection to claims 1, 3, 4, 10-12 under 35 USC 102(a)(1) by amending claims 1 and 10-12. The rejection of claims 1, 3, 4, 10-12 under 35 USC 102(a)(1) is withdrawn.
The applicant has overcome the rejections to claims 2, 7-9, and 13-18 under 35 USC 103 by amending claim 1, 13, and 16. The rejections of claims 2, 7-9, and 13-18 under 35 USC 103(a) is withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 1-18 have been considered but are moot because the new ground of rejection does not rely on the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
DETAILED ACTION
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 9, “the valve device” should be --the first hydraulic valve device--.
In claim 1, line 10, “the flow path” should be --the first flow path--.
In claim 10, line 3, “the second valve device” should be --the second hydraulic valve device--.
In claim 13, line 12, “the flow path” should be --a flow path--.
In claim 16, line 9, “the flow path” should be --a flow path--.
Appropriate correction is required.
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.
Claims 1, 3-5, and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Quinn et al. (11,378,104). Regarding claim 1, Quinn et al. discloses a hydraulic assembly for a commercial vehicle, comprising: a supply connector (connection to circuit 122) which is hydraulically connectable to a pump outlet of a hydraulic variable pump 150 (via line branching from pump 150 outlet/supply to circuit 122 Figs. 2-4), as an interface for supplying hydraulic consumers 116 of the commercial vehicle, a feedback connector 154 as an interface for pressure feedback from consumers 116 (via the supply connector when valve 160 is open); an adjustment control 152, which depends on an outlet pressure of the variable pump 150 and on a reported pressure of the feedback connector 154, for adjusting the variable pump 150; and a first hydraulic valve device 160 in a first flow path (line branching from pump 150 outlet/supply to the supply connector Figs. 2-4) between the pump outlet and the supply connector, the first hydraulic valve device 160 including a first valve unit 160 (Figs. 2-4) having a first shift position (top position of valve 160) which is effective as a hydraulic connection in the (first) flow path and a second shift position (bottom position of valve 160) which is effective as a hydraulic interruption in the first flow path.
Regarding claim 3, Quinn et al. discloses that in the second shift position of the first valve unit 160 disposed in the first flow path between the pump outlet of the variable pump 150 and the supply connector, the adjustment control 152 is hydraulically connectable to a tank connector 128 (Figs. 2-4, via valve 170 controlled by controller 200).
Regarding claim 4, Quinn et al. discloses that in the second shift position of the first valve unit 160, the adjustment control 152 is hydraulically connectable to the tank connector 128 depending on reaching or exceeding a predetermined nominal pressure at the pump outlet (Figs. 2-4, via valve 170 controlled by controller 200).
Regarding claim 5, Quinn et al. discloses that the first valve unit 160 disposed in the first flow path between the pump outlet of the variable pump 150 and the supply connector has a single valve connector at least on the connection side that faces the pump outlet.
Regarding claim 6, Quinn et al. discloses that the first valve unit disposed in the first flow path between the pump outlet of the variable pump and the supply connector has two valve connectors on the connection side that faces away from the pump outlet.
Regarding claim 10, Quinn et al. discloses a second hydraulic valve device 170 (Fig. 4) in a second flow path between the feedback connector 154 and the adjustment control 152, the second hydraulic valve device 170 including a third valve unit 170 having a first shift position (right position of valve 170, Fig. 4)) which is effective as a hydraulic connection in the second flow path and the second shift position (left position of valve 170, Fig. 4) which is effective as a hydraulic interruption in the second flow path.
Regarding claim 11, Quinn et al. discloses that the third valve unit 170 (Fig. 4) disposed in the second flow path between the feedback connector 154 and the adjustment control 152 has a single valve connector at least on the connection side that faces the adjustment control 152.
Regarding claim 12, Quinn et al. discloses that the third valve unit 170 has two valve connectors on the connection side that faces away from the adjustment control 152, such that in the second shift position (left position of valve 170, Fig. 4) the adjustment control 152 is hydraulically connected to a tank connector.
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 2, 7-9, are rejected under 35 U.S.C. 103 as being unpatentable over Quinn et al. (11,378,104), as applied to claim 1 above, in view of Keuper et al (7,870,728). Quinn et al. disclose all of the claimed subject matter except for a second valve unit hydraulically connected to the first flow path as a branch to a tank connector and having a first shift position which is effective as a hydraulic interruption to the tank connector and a second shift position which is effective as a hydraulic connection to the tank connector.
Keuper et al. teaches for a hydraulic assembly for a commercial vehicle, comprising: a supply connector 12, which is hydraulically connectable to a pump outlet 10 of a hydraulic variable pump 6, as an interface for supplying hydraulic consumers 2,4 of the commercial vehicle; an adjustment control 9 for adjusting the variable pump 6, and a first hydraulic valve device 40 in a first flow path (line branching from pump 6 outlet/supply to the supply connector Figs. 2-4) between the pump outlet and the supply connector and that there is (claim 2) a second valve unit 52 hydraulically connected to the flow path as a branch 54 to a tank connector 62, having a first shift position (left position of valve 52, Fig. 4) which is effective as a hydraulic interruption to the tank connector 62, and having a second shift position (right position of valve 52, Fig. 4) which is effective as a hydraulic connection to the tank connector 62 for the purposes of controlling the pump 6. See Keuper et al. col. 7, lines 20-31.
Since Quinn et al. and Keuper et al. are both in the same field of endeavor the purpose disclosed by Keuper et al. would have been recognized in the pertinent art of Quinn et al. It would have been obvious at a time before the invention was effectively filed to a person having ordinary skill in the art to modify the hydraulic valve assembly of Quinn et al. to include a second valve unit hydraulically connected to the first flow path as a branch to a tank connector, having a first shift position which is effective as a hydraulic interruption to the tank connector, and having a second shift position which is effective as a hydraulic connection to the tank connector for the purposes of controlling the pump.
Regarding claim 7, Keuper et al. teaches that the valve unit 52 branching off from the flow path is a 2/2-way valve.
Regarding claim 8, Keuper et al. teaches that the valve unit 52 branching off from the flow path assumes its second shift position effective as a hydraulic connection to the tank connector 62 depending on reaching or exceeding a predetermined nominal pressure at the pump outlet (dotted pilot line biases valve 52 to second shift position as pump outlet pressure increases and exceeds the bias of spring 56 and pressure from load sensing shuttle 58).
Regarding claim 9, Keuper et al. teaches that the nominal pressure is variably adjustable at the valve unit (the pressure from the load sensing shuttle 58 varies at the valve unit 52).
Claim 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Quinn et al. (11,378,104) in view of Keuper et al (7,870,728). Regarding claim 13, Quinn et al. discloses a commercial vehicle comprising: a drive motor a drive (internal combustion engine, col. 5, lines 33-36), a hydraulic assembly; and a hydraulic assembly for a commercial vehicle, including: a supply connector (connection to circuit 122) which is hydraulically connectable to a pump outlet of a hydraulic variable pump 150 (via line branching from pump 150 outlet/supply to circuit 122 Figs. 2-4), as an interface for supplying hydraulic consumers 116 of the commercial vehicle; a feedback connector 154 as an interface for pressure feedback from consumers 116 (via the supply connector when valve 160 is open), an adjustment control 152, which depends on an outlet pressure of the variable pump and on a reported pressure of the feedback connector 154, for adjusting the variable pump 150; and a hydraulic valve device in the flow path between the pump outlet and the supply connector, the valve device including at least one of a first valve unit 160 having a first shift position (top position of valve 160) which is effective as a hydraulic connection in the flow path and a second shift position (bottom position of valve 160) which is effective as a hydraulic interruption in the flow path.
Regarding claim 14, Quinn et al. discloses that the drive motor is operatively connected to the variable pump 150.
Regarding claim 15, Quinn et al. discloses that the valve unit 170, immediately prior to start-up or during start-up of the drive motor, is in its second shift position (FIG. 4, col. 6, lines 1-8. With no load on the system at or during startup, there is no need for supplemental flow. Therefore, a minimal flow or no flow signal is sent by placing valve 170 in the second shift position).
Regarding claim 16, Quinn et al. discloses a commercial vehicle, comprising: a supply connector (line branching from pump outlet/supply to valve 170, Fig. 4), which is hydraulically connectable to a pump outlet of a hydraulic variable pump 150, as an interface for supplying hydraulic consumers 116,118 of the commercial vehicle; a feedback connector 154 as an interface for pressure feedback from consumers 116,118; and an adjustment control 152, which depends on an outlet pressure of the variable pump 150 and on a reported pressure of the feedback connector 154, for adjusting the variable pump 150.
Quinn et al. does not disclose a second valve unit hydraulically connected to the flow path as a branch to a tank connector, having a first shift position which is effective as a hydraulic interruption to the tank connector, and having a second shift position which is effective as a hydraulic connection to the tank connector.
Keuper et al. teaches for a hydraulic assembly for a commercial vehicle, comprising: a supply connector 12, which is hydraulically connectable to a pump outlet 10 of a hydraulic variable pump 6, as an interface for supplying hydraulic consumers 2,4 of the commercial vehicle; and an adjustment control 9 for adjusting the variable pump 6 and that there is (claims 13 and 16) a hydraulic valve device 52 (Fig. 4) in the flow path between the pump outlet 10 and the supply connector 12, the valve device including a second valve unit 52 hydraulically connected to the flow path as a branch 54 to a tank connector 62, having a first shift position (left position of valve 52, Fig. 4) which is effective as a hydraulic interruption to the tank connector 62, and having a second shift position (right position of valve 52, Fig. 4) which is effective as a hydraulic connection to the tank connector 62 for the purposes of controlling the pump 6. See Keuper et al. col. 7, lines 20-31.
Since Quinn et al. and Keuper et al. are both in the same field of endeavor the purpose disclosed by Keuper et al. would have been recognized in the pertinent art of Quinn et al. It would have been obvious at a time before the invention was effectively filed to a person having ordinary skill in the art to modify the hydraulic valve assembly of Quinn et al. to include a second valve unit hydraulically connected to the flow path as a branch to a tank connector, having a first shift position which is effective as a hydraulic interruption to the tank connector, and having a second shift position which is effective as a hydraulic connection to the tank connector for the purposes of controlling the pump.
Regarding claim 17, Keuper et al. teaches that the valve unit 52 branching off from the flow path is a 2/2-way valve (Fig. 4).
Regarding claim 18, Keuper et al. teaches that the valve unit 52 branching off from the flow path assumes its second shift position effective as a hydraulic connection to the tank connector 62 depending on reaching or exceeding a predetermined nominal pressure at the pump outlet (dotted pilot line biases valve 52 to second shift position as pump outlet pressure increases and exceeds the bias of spring 56 and pressure from load sensing shuttle 58).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Thomas Lazo whose telephone number is (571) 272-4818. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Nathaniel Wiehe, can be reached on (571) 272-8648. The fax phone number for this Group is (571) 273-8300.
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/THOMAS E LAZO/Primary Examiner,
Art Unit 3745
July 17, 2026
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