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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 28 Oct 2024, 27 May 2025, 10 Oct 2025, 9 Feb 2026, 13 Feb 2026, 24 July 2026 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 4 is objected to because of the following informalities:
In Claim 4, line 4 “flow diverted valve” should likely read “flow diverter valve”.
In Claim 4, line 6 “flow diverted valve” should likely read “flow diverter valve”.
Appropriate correction is required.
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 4 and 8 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.
Claim 4 recites the limitation "the housing" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims not specifically referenced are rejected as being dependent on a rejected base claim.
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.
Claim(s) 1-2, 4-6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caterpillar Mitsubishi Ltd (JP200289511; hereinafter “Caterpillar”; Reference and English Machine Translation provided by Applicant on the IDS dated 28 Oct 2024).
Regarding Claim 1, Caterpillar discloses a fluid pressure circuit (Figure 1 generally; ¶ 1), The circuit comprising:
a fluid supply source (39);
an actuator device (the body side actuators disclosed in ¶ 19) actuated by a fluid from the fluid supply source (from 39 via pumps 32 and 33; Figure 1);
a switching valve (41; Figure 1; which switches between providing fluid to the hydraulic motor for the left traveling of the machine body, to the swing hydraulic motor, the coom hydraulic cylinder, the arm hydraulic cylinder and the bucket hydraulic cylinder as needed and disclosed in ¶ 20-21); provided between the fluid supply source (39) and the actuator device (¶ 19) to switch flow passages (Figure 1); and
a flow diverter valve (43 generally of the pressure compensation type flow dividing valve 38) configured to divert at least some of the fluid (¶ 24; with the main passage to circuit 35 and diverted passage to circuit 37), which flows from the fluid supply source (39) to a main flow passage (via circuit 35) included in the flow passages and connected to the switching valve (Figure 1 with the switching valve 41), to a diverted flow passage (to circuit 37),
wherein the flow diverter valve (43 generally of the pressure compensation type flow dividing valve 38) is provided with a pressure compensation valve (44 of the pressure compensation type flow dividing valve 38) configured to variably adjust an opening degree of the diverted flow passage according to a differential pressure between the main flow passage and the diverted flow passage to compensate for a flow rate to the diverted flow passage (¶ 23; via maintaining a pressure differential between the B1 port and the A1 port).
Regarding Claim 2, Caterpillar discloses where the pressure compensation valve (44 of the pressure compensation type flow dividing valve 38) is a pilot valve operated by a pilot pressure of the main flow passage and the diverted flow passage (Figure 1 with the pilot pressure of the main flow passage to 35 from port B1 operating the right side of valve 44 and the pilot pressure of the diverted fluid passage to 37 from port A1 operating the left side of the valve 44).
Regarding Claim 4, Caterpillar disclose where the flow diverter valve (43) includes the housing (the flow diverter valve (43 generally) and the pressure compensation valve (44) physically exist within the hydraulic system for the excavator as disclosed by Caterpillar (¶ 14) and therefore inherently the flow diverter valve and the pressure compensation valve have a housing for each of the flow diverter valve and the pressure compensation valve. Therefore, Caterpillar inherently discloses a housing of the flow diverter valve and a housing of the pressure compensation valve) provided with a first communication passage (from P1 to B1 via 51; Figure 1) communicating a flow passage between the fluid supply source (39 to P1) and the flow diverted valve to the main flow passage (via B1 to 44) via the pressure compensation valve (44), and
a second communication passage (from P1 via 51 to A1) communicating the flow passage between the fluid supply source (from 39) and the flow diverted valve to the diverted flow passage (to A1 to 44) via the pressure compensation valve (44), and a valve body (the spool of 43) configured to adjust an opening degree of the second communication passage (¶ 23; via maintaining a pressure differential between the B1 port and the A1 port).
Regarding Claims 5-6 and 8, Caterpillar disclose where an auxiliary machine (such as a hydraulic breaker or crusher; ¶ 22) actuated by the fluid flowing through the diverted flow passage is provided in the diverted flow passage (via circuit 37; Figure 1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Caterpillar Mitsubishi Ltd (JP200289511; hereinafter “Caterpillar”; Reference and English Machine Translation provided by Applicant on the IDS dated 28 Oct 2024).
Regarding Claim 3, Caterpillar disclose all essential elements of the current invention as discussed above but fails to expressly disclose wherein a housing of the flow diverter valve and a housing of the pressure compensation valve are integrally formed.
The flow diverter valve (43 generally) and the pressure compensation valve (44) physically exist within the hydraulic system for the excavator as disclosed by Caterpillar (¶ 14) and therefore inherently the flow diverter valve and the pressure compensation valve have a housing for each of the flow diverter valve and the pressure compensation valve. Therefore, Caterpillar inherently discloses a housing of the flow diverter valve and a housing of the pressure compensation valve.
While Caterpillar discloses the flow diverter valve (43 generally) and the pressure compensation valve (44) provided in the pressure compensation flow dividing valve 38, Caterpillar fails to expressly disclose wherein a housing of the flow diverter valve and a housing of the pressure compensation valve are integrally formed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of the flow diverter valve and the housing of the pressure compensation valve to be integral since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. The motivation for doing so would be to reduce manufacturing material waste or decrease assembly time by decreasing the number of discrete elements.
Regarding Claim 7, Caterpillar disclose where an auxiliary machine (such as a hydraulic breaker or crusher; ¶ 22) actuated by the fluid flowing through the diverted flow passage is provided in the diverted flow passage (via circuit 37; Figure 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE GARDNER whose telephone number is (571)270-0144. The examiner can normally be reached Monday - Friday 8AM-4PM EST.
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/NICOLE GARDNER/
Examiner, Art Unit 3753
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