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 Arguments
Applicant’s arguments, see remarks, filed 11/27/2025, with respect to the rejection(s) of claim(s) under U.S.C. 112(b) have been fully considered and are persuasive, applicant’s amendments to the claims remedies the clarity issues. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of applicant’s amendments to the claims.
See rejections below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
“wherein the bypass valve is part of the fluid switching valve, whereby the fluid switching valve is actuatable to the first actuating position, the second actuating position and the bypass position” as claimed in claim 8 in combination with
“the sub-circuit comprising a fluid switching valve,” and “the controller operatively connected to the bypass valve and programmed to command the bypass valve to a bypass position where pressurized hydraulic fluid bypasses the sub-circuit,” as recited in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Applicant’s new Fig. 5b shows the bypass valve as part of the switching valve in the form of a position in the switching valve, however it is not understood how the bypass valve is able to prevent fluid from entering the sub-circuit when it is part of the sub-circuit itself as recited in claim 1. Further amendments pertaining to the limitations of the “sub-circuit” appear to be necessary.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim 8 is 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.
Regarding claim 8, it is unclear how the bypass valve can be part of the fluid switching valve when the bypass valve is recited to be commanded to a bypass position where pressurized hydraulic fluid bypasses the sub-circuit, while the sub-circuit comprises the fluid switching valve. In other words, since the sub-circuit includes the fluid switching valve, which includes the bypass valve, it is unclear how the bypass valve can cause the fluid the bypass the sub-circuit when the sub-circuit includes the bypass valve itself.
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) 1, 2, 5-10, 12, 14-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noble et al. (US 7739941), hereinafter ‘Noble’.
Noble renders obvious:
1. (Currently Amended) An apparatus (100) for recirculating hydraulic fluid in a hydraulic system, the hydraulic system including a hydraulic pump (140), a bypass valve (within valve 430, central position, in light of applicant’s new drawings, remarks, and claim 8, the limitation of “a bypass valve” does not need to be separate from the switching valve, a valve position as seen in applicant’s Fig. 5b meets the limitation of a bypass valve), a sub- circuit (circuit including 146, 144 and 112) and a controller (170), the hydraulic pump pressurizing hydraulic fluid for circulation through the hydraulic system, the sub-circuit comprising a fluid switching valve 430, a piston-bypass valve (124), a cylinder (112) and a piston (118) reciprocating therein between first and second cylinder heads (114, 116), the piston dividing the cylinder between a first chamber (120) adjacent the first cylinder head and a second chamber (122) adjacent the second cylinder head, first and second hydraulic lines (144, 146) fluidly connecting the first and second chambers to the fluid switching valve (430), respectively, hydraulic fluid entering and leaving the sub-circuit through entry and exit ports on the fluid switching valve, respectively, the piston-bypass valve (124) selectively fluidly connecting the first and second chambers, the controller operatively connected to the fluid switching valve and programmed to command first and second actuating positions, in the first actuating position the entry and exit ports are fluidly connected to the second and first chambers through the second and first hydraulic lines, respectively, in the second actuating position the entry and exit ports are fluidly connected to the first and second chambers through the first and second hydraulic lines, respectively (see left and right positions of valve 430),
the controller operatively connected to the bypass valve and programmed to command the bypass valve to a bypass position where pressurized hydraulic fluid bypasses the sub-circuit (central position of valve 430 is the bypass valve position within valve 430 consistent with applicant’s valve 130 seen in applicant’s new Fig. 5b dated 11/27/2025 in light of applicant’s remarks stating that Fig. 5b shows an integrated switching valve that includes the bypass valve 140 can be part of fluid switching valve 130), the apparatus comprising the controller programmed to:
command the fluid switching valve to the first actuating position, the piston-bypass valve being is closed such that pressurized hydraulic fluid moves the piston towards the first cylinder head during a first stroke (Col. 15 line 21-46 renders obvious the valve 430 in actuating positions to pressurize the respective chambers of the actuator 110, when the valve 430 is in an actuating position, the bypass valve/bypass center position is “closed”, i.e. not connected);
detect when the piston has completed the first stroke and is adjacent the first cylinder head (Col. 13 lines 34-43 “Controller 170 in the described embodiments in programmable to determine when the piston has reached the end of each piston stroke based upon at least one of hydraulic pump speed, hydraulic fluid pressure, or elapsed time. The information that is used by controller 170 to make this determination is measured during each piston stroke.”);
whereby after the piston completes the first stroke, the piston-bypass valve is open such that hydraulic fluid is fluidly communicated into the sub- circuit through the entry port and through the piston-bypass valve wherein a quantity of hydraulic fluid is flushed out of the sub-circuit through the exit port (valve 124 opens when it engages the cylinder ends via ends 126, 127); and
after the quantity of hydraulic fluid is flushed out of the sub-circuit, command:
a. the fluid switching valve to the second actuating position (Col. 15 lines 21-46),
b. the bypass valve to the bypass position, or
c. the hydraulic pump to stop pressurizing the hydraulic fluid (during a future operation cycle of the device of Noble, it would have been obvious to one of ordinary skill in the art to recognize that the pump would stop pressurizing the hydraulic fluid at some point, or would operate the switching valve to the bypass or second actuating position as desired).
2. (Original) The apparatus as claimed in claim 1, wherein the piston-bypass valve is a shuttle valve configured in the piston (valve including 124), pressurized hydraulic fluid closing the shuttle valve in the first actuating position at the beginning of the first stroke and the shuttle valve opening when the piston completes the first stroke (valve member 124 closes the opening on the piston chamber 120 side when fluid pressurizes chamber 122 to move the piston in the retracting direction).
5. (Currently Amended) The apparatus as claimed in claim 1, wherein after detecting the end of the first stroke and before the quantity of hydraulic fluid is flushed out of the sub-circuit, the controller is further programmed to stop the hydraulic pump and then restart the hydraulic pump after a time interval (Col. 11 lines 45-54 discloses a pressure sensor which detects the end of the first stroke between t2 and t3, Col. 15 lines 1-10, the pump stops operation between t3 and t4, Col. 15 lines 21-46, the pressure does not increase during t3 and t4 indicating the pump is stopped and then restarted after t4 to increase the pressure to P1 to drive the piston within the cylinder; it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have either recognize or modified the pump to stop during t3 and t4 because the piston is not controlled to move during this time).
6. (Currently Amended) The apparatus as claimed in claim 1, wherein after detecting the end of the first stroke and before the quantity of hydraulic fluid is flushed out of the sub-circuit, the controller is further programmed to command the bypass valve to the bypass position and then to a non-bypass position after a time interval (the device is operated in a reciprocating manner, when beginning the first stroke, the valve 430 is in the position seen in Fig. 4 which has the bypass valve of the center position closed; when the piston is fully retracted, the valve 430 would switch from its position seen in Fig. 4 to the center position at least for a time which means the bypass valve position is open, and then repeats during the reciprocating operation of the device)
7. (Currently Amended) The apparatus as claimed in claim 1, wherein when the fluid switching valve is commanded to the second actuating position, and the piston-bypass valve is closed, the controller is further programmed to: detect when the piston has completed a second stroke and is adjacent the second cylinder head;
whereby after the piston completes the second stroke, the piston-bypass valve is open such that hydraulic fluid is fluidly communicated into the sub-circuit through the entry port and through the piston-bypass valve wherein the quantity of hydraulic fluid is flushed out of the sub-circuit through the exit port; and
after the quantity of hydraulic fluid is flushed out of the sub-circuit,
command:
a. the fluid switching valve to the first actuating position (during reciprocation operation of the device of Noble, the switching valve 14 would be commanded alternatingly between the first and second actuating position to extend and retract the piston; see Col. 15 lines 21-46, Col. 13 lines 15-43),
b. the bypass valve to the bypass position, or
c. the hydraulic pump to stop pressurizing the hydraulic fluid (when the device is shut down after completing a second stroke, the pump would stop pressurizing as claimed).
8. (Previously Presented) The apparatus of claim 1, wherein the bypass valve is part of the fluid switching valve, whereby the fluid switching valve is actuatable to the first actuating position, the second actuating position and the bypass position (see Noble Fig. 4, center position of valve 430 is the bypass position).
9. (Original) The apparatus of claim 1, wherein the quantity of hydraulic fluid that is flushed out of the sub-circuit is greater than, equal to or less than a fluid volume of the sub-circuit (the amount flushed out of the sub-circuit including 144, 146, 112 during a flushing operation between t2 and t3 is greater than, equal to, or less than a fluid volume of the sub-circuit inherently).
10. (Original) The apparatus as claimed in claim 1, wherein the quantity of hydraulic fluid flushed out of the sub-circuit is the quantity of hydraulic fluid flushed when a temperature of the hydraulic fluid is within a desired operating temperature range (absent further limitations, this appears to be implicitly met by the amount of fluid flushed out during t2 and t3 in the device of Noble, since no temperature range is specified, the implicit temperature that the fluid is at in the device of Noble meets this limitation).
12. (Currently Amended) The apparatus as claimed in claim 1, wherein the quantity of hydraulic fluid flushed out of the sub-circuit is the quantity of hydraulic fluid flushed after a flush time-interval or when a pressure of hydraulic fluid decreases below a desired value (absent further limitations, this appears to be implicitly met by the amount of fluid flushed out during t2 and t3 in the device of Noble).
14. (Currently Amended) A method for recirculating hydraulic fluid in a hydraulic system, the hydraulic system including a hydraulic pump, a bypass valve, a sub- circuit and a controller, the hydraulic pump pressurizing hydraulic fluid for circulation through the hydraulic system, the sub-circuit comprising a fluid switching valve, a piston-bypass valve, a cylinder and a piston reciprocating therein between first and second cylinder heads, the piston dividing the cylinder between a first chamber adjacent the first cylinder head and a second chamber adjacent the second cylinder head, first and second hydraulic lines fluidly connecting the first and second chambers to the fluid switching valve, respectively, hydraulic fluid entering and leaving the sub-circuit through entry and exit ports on the fluid switching valve, respectively, the piston-bypass valve selectively fluidly connecting the first and second chambers, the controller operatively connected to the fluid switching valve and programmed to command first and second actuating positions, in the first actuating position the entry and exit ports are fluidly connected to the second and first chambers through the second and first hydraulic lines, respectively, in the second actuating position the entry and exit ports are fluidly connected to the first and second chambers through the first and second hydraulic lines, respectively, the controller operatively connected to the bypass valve and programmed to command the bypass valve to a bypass position where pressurized hydraulic fluid bypasses the sub-circuit, the method comprising: supplying pressurized hydraulic fluid to the second chamber and closing the piston-bypass valve to move the piston towards the first cylinder head during a first stroke; detecting when the piston has completed [[a]] the first stroke and is adjacent the first cylinder head;
whereby after the piston completes the first stroke, the piston-bypass valve is open such that hydraulic fluid is fluidly communicated into the sub- circuit through the entry port and through the piston-bypass valve wherein a quantity of hydraulic fluid is flushed out of the sub-circuit through the exit port; and performing after the quantity of hydraulic fluid is flushed out of the sub- circuit:
a. supplying pressurized hydraulic fluid to the first chamber and closing the piston-bypass valve to cause the piston to move towards the second cylinder head,
b. bypassing the pressurized hydraulic fluid from the sub-circuit, or
c. stopping the hydraulic pump from pressurizing the hydraulic fluid (see claim 1 rejection for equivalent limitation mapping and discussion).
15. (Currently Amended) The method as claimed in claim 14, wherein after detecting the end of the first stroke and before the quantity of hydraulic fluid is flushed out of the sub-circuit, further comprising stopping a hydraulic pump that pressurizes and supplies hydraulic fluid to the sub- circuit and then restarting the hydraulic pump after a time interval (see claim 5 rejection for equivalent limitation mapping and discussion).
16. (Currently Amended) The method as claimed in claim 14, wherein after detecting the end of the first stroke and before the quantity of hydraulic fluid is flushed out of the sub-circuit, further comprising bypassing hydraulic fluid from the sub-circuit and then supplying the hydraulic fluid to the sub-circuit after a time interval (see claim 6 rejection for equivalent limitation mapping and discussion).
17. (Currently Amended) The method as claimed in claim 14, wherein when pressurized hydraulic fluid is supplied to the first chamber and the piston-bypass valve is closed to cause the piston to move towards the second cylinder head, the method further comprising: detecting when the piston has completed a second stroke and is adjacent the second cylinder head,
whereby after the piston completes the second stroke, the piston-bypass valve is open such that hydraulic fluid is fluidly communicated into the sub-circuit through the entry port and through the piston-bypass valve wherein the quantity of hydraulic fluid is flushed out of the sub-circuit through the exit port; and performing after the quantity of hydraulic fluid is flushed out of the sub- circuit:
a. supplying pressurized hydraulic fluid to the second chamber and closing the piston-bypass valve to cause the piston to move towards the first cylinder head,
b. bypassing the pressurized hydraulic fluid from the sub-circuit, or
c. stopping the hydraulic pump from pressurizing the hydraulic fluid (see claim 7 rejection for equivalent limitation mapping and discussion).
18. (Original) The method of claim 14, wherein the quantity of hydraulic fluid that is flushed out of the sub-circuit is greater than, equal to or less than a fluid volume of the sub-circuit (see claim 9 rejection for equivalent limitation mapping and discussion).
19. (Original) The method as claimed in claim 14, wherein the quantity of hydraulic fluid flushed out of the sub-circuit is the quantity of hydraulic fluid flushed when a temperature of the hydraulic fluid is within a desired operating temperature range or when a pressure of hydraulic fluid decreases below a desired value (see claim 10 rejection for equivalent limitation mapping and discussion).
20. (Original) The method as claimed in claim 14, wherein the quantity of hydraulic fluid flushed out of the sub-circuit is the quantity of hydraulic fluid flushed after a flush time-interval (see claim 12 rejection for equivalent limitation mapping and discussion).
21. (New) The apparatus as claimed in claim 1, wherein after detecting the end of the first stroke and before the quantity of hydraulic fluid is flushed out of the sub- circuit, the controller is further programmed to delay commanding:
a. the fluid switching valve to the second actuating position (the time delay is between t3 and t5 for commanding the valve 430 to the second actuating position, Col. 15 lines 21-46);
b. the bypass valve to the bypass position; or
c. the hydraulic pump to stop pressurizing the hydraulic fluid.
22. (New) The method as claimed in claim 14, wherein after detecting the end of the first stroke and before the quantity of hydraulic fluid is flushed out of the sub- circuit, delay performing:
a. supplying pressurized hydraulic fluid to the first chamber and closing the piston-bypass valve to cause the piston to move towards the second cylinder head,
b. bypassing the pressurized hydraulic fluid from the sub-circuit, or
c. stopping the hydraulic pump from pressurizing the hydraulic fluid (see claim 21 rejection for equivalent limitation mapping and discussion).
Allowable Subject Matter
Claim 3 and 4 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 prior art does not appear to disclose nor render obvious a piston-bypass valve that is operatively connected to the controller as claimed in claims 3 and 4 (Fig. 11 and 12 embodiment), in combination with their respective base claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mauch et al. (US 5072584) and Batenburg et al. (US 10385890), Vacca et al. (US 20220252088) all disclose pertinent hydraulic systems including bypass valve configurations
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 Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E. 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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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 March 5, 2026