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 filed 09/25/2026 have been fully considered but they are not persuasive.
Applicant's remarks state that the prior art does not disclose the new amended limitations comprising the flow diverter valve details. However, Kang still appears to disclose applicant’s new limitations. See annotated Kang Fig. 1’.
See below for updated rejections.
Claim Objections
Claim 1 objected to because of the following informalities:
Claim 1, second to last line recites “regenerative moto”. This should read --regenerative motor-- to remedy a typographical error.
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.
Claim 1-3, 5-8, 10 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 1 recites “ to supply the some of the return fluid to the regenerative motor via a throttle, and in which the return fluid to be returned to the second chamber does not pass through the throttle” in line 14-16
Claim 1 later recites “the flow diverter valve includes a first fluid passage, a first throttle, a second fluid passage, a second throttle and a third fluid passage” in line 19-20,
It is unclear whether the previously established “a throttle” of line 14-16 is the same as the “second throttle” or “first throttle” of lines 19-20.
Applicant’s specification does not appear support two throttles in series between the regenerative motor and the cylinder device, and would constitute new matter if there were actually two throttles in series being claimed between the regenerative motor and the cylinder device.
Claim 2 recites “a throttle fluid passage”. It is unclear whether this can constitute the first throttle passage or requires a different throttle fluid passage than the previously established first and second passages including throttles.
Claim 3 recites “the throttle fluid passage”. It is unclear which the plurality of passages including throttles this is referring to.
The dependent claims are indefinite because they depend from indefinite claim 1.
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.
Claim(s) 1-3, 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang (US 10988915).
Kang discloses:
1. (currently amended) A fluid pressure circuit, comprising: a fluid supply source (310); a cylinder device (200) including a first chamber (201) and a second chamber (202) which are partitioned from each other; a tank (800 is an accumulator which is a pressurized tank); a flow diverter valve (400); a controller (700),
and a regenerative motor (370)
wherein the flow diverter valve is disposed on a flow passage disposed between the fluid supply source and the cylinder device (flow passage that includes 770 is between the fluid supply source 310 and the cylinder device 200), the flow passage is configured to communicate with a recovery passage (675) through which a return fluid flows from the first chamber to the second chamber (Col. 5 lines 61-67, Col. 6 lines 1-5), the flow diverter valve is valve configured to receive an electrical control signal from the controller (Col. 6 lines 32-67, electric signal lines between controller 700 and valve 400 to spools 410 and 420 that form throttles),
to divert some of the return fluid from the cylinder device and to supply the some of the return fluid to the regenerative motor via a throttle (Col. 5 lines 54-67, Col. 6 lines 1-5, lines 32-67, regenerative motor 370 supplied with fluid via throttle formed by 410);
and in which the return fluid to be returned to the second chamber does not pass through the throttle (Kang’s drawings appear to show two distinct throttles formed by 410 and 420. The fluid returning from the hydraulic cylinder 200 is split between the two distinct throttles 410 and 420. Kang Col. 6 lines 20-67 discloses controlling both the openings of spools 410 and 420 to adjust the throttle sizes to adjust flow rates through each of them respectively. The return fluid from the hydraulic cylinder is split such that some fluid returns to the regenerative motor and tank via throttle formed by 410 and some fluid flows through a throttle formed by 420 which is distinct from throttle 410, and therefore meets the limitation "an in which the return fluid to be returned to the second chamber does not pass through the throttle", wherein in "the throttle" refers to the throttle established in this limitation "that diverts some of the return fluid from the cylinder device and to discharge the some of the return fluid to the tank via a throttle");
the flow diverter valve includes a first fluid passage, a first throttle, a second fluid passage, a second throttle and a third fluid passage (see annotated Kang Fig. 1’),
the first fluid passage is provided with the first throttle on a fluid supply source side with respect to a location where the second fluid passage is diverted and connected to the first fluid passage (see annotated Kang Fig. 1’),
the second fluid passage is diverted and connected to the first fluid passage (see junction between first fluid passage and second fluid passage as annotated in annotated Kang Fig. 1’),
the second fluid passage is provided with the second throttle (see annotated Kang Fig. 1’),
the flow diverter valve is connected to a fluid supply source side fluid passage and a cylinder device side fluid passage, the fluid supply source side fluid passage being configured to be connected to the fluid supply source, the cylinder device side fluid passage being configured to be connected to the cylinder device (see annotated Kang Fig. 1’), and
the flow diverter valve (400) is configured to have a regeneration position in which the second fluid passage is connected to a regenerative motor side fluid passage configured to be connected to the regenerative moto (regeneration position is when throttle 410 is open which connects the second fluid passage to the regenerative motor fluid side passage 670 that is connected to a regenerative motor 370), and a non-regeneration position in which the third fluid passage is connected to the fluid supply source side fluid passage and the cylinder device side fluid passage (when throttle 410 is closed, and throttle 420 is open, the fluid supply source side fluid passage 622 is connected to the cylinder device side fluid passage, all amended limitations are either annotated or apparent from annotated Kang Fig. 1’).
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2. (currently amended) The fluid pressure circuit according to claim 1, wherein the fluid pressure circuit further includes a throttle fluid passage which is provided separately from the second fluid passage provided with the second throttle and which has a lower fluid resistance than the second fluid passage, wherein the throttle fluid passage is configured for communicating with the recovery passage (throttle passage 420 is a throttle passage separate from the second fluid passage provided with the second throttle 410, and is configured for communicating with the recovery passage 675; throttle 420 within recovery passage is adjustable to be relatively lower fluid resistance, Col. 6 lines 20-26, lines 38-53, therefore at least when the opening area of the spool 420 is increased is interpreted to be a low-fluid-resistance passage).
3. (currently amended) The fluid pressure circuit according to claim 2, wherein the throttle fluid passage is provided in the flow diverter valve (low-fluid resistance passage through 420 is within the flow diverter valve 400).
6. (previously presented) The fluid pressure circuit according claim 1, wherein the recovery passage is configured to allow for a flow therein only when the cylinder device is retracted (Col. 8 lines 22-26 discloses that controller controls the flow diverter valve spool 420, which controls the opening amount of the recovery passage 675, is closed when the cylinder device is ascending/extending and Col. 5 lines 61-67, Col. 6 lines 1-5, Col. 7 lines 1-9 discloses the controller controls the flow diverter valve spool 420 to be open, which opens the recovery passage 675, when the cylinder device is retracting/descending).
7. (previously presented) The fluid pressure circuit according to claim 2, wherein the recovery passage is configured to allow for a flow therein only when the cylinder device is retracted (Col. 8 lines 22-26 discloses that controller controls the flow diverter valve spool 420, which controls the opening of the recovery passage, is closed when the cylinder device is ascending/extending and Col. 5 lines 61-67, Col. 6 lines 1-5, Col. 7 lines 1-9 discloses the controller controls the flow diverter valve spool 420 to be open, which opens the recovery passage 675, when the cylinder device is retracting/descending).
8. (previously presented) The fluid pressure circuit according to claim 3, wherein the recovery passage is configured to allow for a flow therein only when the cylinder device is retracted (Col. 8 lines 22-26 discloses that controller controls the flow diverter valve spool 420, which controls the opening of the recovery passage, is closed when the cylinder device is ascending/extending and Col. 5 lines 61-67, Col. 6 lines 1-5, Col. 7 lines 1-9 discloses the controller controls the flow diverter valve spool 420 to be open, which opens the recovery passage 675, when the cylinder device is retracting/descending).
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) 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Shirai et al. (US 5218897), hereinafter ‘Shirai’.
Regarding claim 5, Kang discloses the fluid pressure circuit according to claim 1, further comprising a switching valve (500) provided in a flow passage between the fluid supply source (310) and the flow diverter valve (400) to control an inflow and outflow of a fluid between the fluid supply source and the cylinder device (Col. 5 lines 18-22), and further discloses wherein the recovery passage is configured to allow for a flow therein only when the cylinder device is retracted (Col. 8 lines 22-26 discloses that controller controls the flow diverter valve spool 420, which controls the opening of the recovery passage, is closed when the cylinder device is ascending/extending and Col. 5 lines 61-67, Col. 6 lines 1-5, Col. 7 lines 1-9 discloses the controller controls the flow diverter valve spool 420 to be open, which opens the recovery passage 675, when the cylinder device is retracting/descending).
Kang does not disclose wherein the recovery passage is provided inside the switching valve.
However, Shirai discloses a fluid pressure circuit similar to Kawasaki and the present application and therefore constitutes analogous art. Shirai teaches a switching valve 10 provided in between the pressure source 23 and the boom cylinder 32 to control an inflow and outflow of a fluid between the fluid supply source and the cylinder device, and the recovery passage 26 is provided inside the switching valve, wherein the recovery passage 26 allows fluid from the piston side chamber 3a to flow to the rod side chamber 3b similar to the recovery passage of the present application and Kang’s recovery passage (Kang, recovery passage 675 corresponds to Shirai’s recovery passage 26).
Since combining prior at elements according to known methods to yield predictable results is an exemplary rationale the supports a conclusion of obviousness, and since rearrangement of parts provides supporting rationale, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the system of Kang to have provided the recovery passage within the switching valve as taught by Shirai. The proposed modification would not yield any unexpected results and would not change the primary operation of the system of Kang. Repositioning the recovery passage to within another valve appears to be a matter of design choice because relocating the conduit to extend through the valve would not change the function of the recovery passage and would not change the function of the system.
The combination of Kang and Shirai further renders obvious:
10. (previously presented) The fluid pressure circuit according to claim 5, wherein the recovery passage is configured to allow for a flow therein only when the cylinder device is retracted (Kang, Col. 8 lines 22-26 discloses that controller controls the flow diverter valve spool 420, which controls the opening of the recovery passage, is closed when the cylinder device is ascending/extending and Col. 5 lines 61-67, Col. 6 lines 1-5, Col. 7 lines 1-9 discloses the controller controls the flow diverter valve spool 420 to be open, which opens the recovery passage 675, when the cylinder device is retracting/descending).
Claim(s) 1-3, 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Imura et al. (US 2015/0247305), hereinafter ‘Imura’.
Kang discloses:
1. (currently amended) A fluid pressure circuit, comprising: a fluid supply source (310); a cylinder device (200) including a first chamber (201) and a second chamber (202) which are partitioned from each other; a tank (800 is an accumulator which is a pressurized tank); a flow diverter valve (400); a controller (700),
and a regenerative motor (370)
wherein the flow diverter valve is disposed on a flow passage disposed between the fluid supply source and the cylinder device (flow passage that includes 770 is between the fluid supply source 310 and the cylinder device 200), the flow passage is configured to communicate with a recovery passage (675) through which a return fluid flows from the first chamber to the second chamber (Col. 5 lines 61-67, Col. 6 lines 1-5), the flow diverter valve is valve configured to receive an electrical control signal from the controller (Col. 6 lines 32-67, electric signal lines between controller 700 and valve 400 to spools 410 and 420 that form throttles),
to divert some of the return fluid from the cylinder device and to supply the some of the return fluid to the regenerative motor via a throttle (Col. 5 lines 54-67, Col. 6 lines 1-5, lines 32-67, regenerative motor 370 supplied with fluid via throttle formed by 410);
and in which the return fluid to be returned to the second chamber does not pass through the throttle (Kang’s drawings appear to show two distinct throttles formed by 410 and 420. The fluid returning from the hydraulic cylinder 200 is split between the two distinct throttles 410 and 420. Kang Col. 6 lines 20-67 discloses controlling both the openings of spools 410 and 420 to adjust the throttle sizes to adjust flow rates through each of them respectively. The return fluid from the hydraulic cylinder is split such that some fluid returns to the regenerative motor and tank via throttle formed by 410 and some fluid flows through a throttle formed by 420 which is distinct from throttle 410, and therefore meets the limitation "an in which the return fluid to be returned to the second chamber does not pass through the throttle", wherein in "the throttle" refers to the throttle established in this limitation "that diverts some of the return fluid from the cylinder device and to discharge the some of the return fluid to the tank via a throttle");
the flow diverter valve includes a first fluid passage, a first throttle, a second fluid passage, a second throttle and a third fluid passage (see annotated Kang Fig. 1’),
the first fluid passage is provided with the first throttle on a fluid supply source side with respect to a location where the second fluid passage is diverted and connected to the first fluid passage (see annotated Kang Fig. 1’),
the second fluid passage is diverted and connected to the first fluid passage (see junction between first fluid passage and second fluid passage as annotated in annotated Kang Fig. 1’),
the second fluid passage is provided with the second throttle (see annotated Kang Fig. 1’),
the flow diverter valve is connected to a fluid supply source side fluid passage and a cylinder device side fluid passage, the fluid supply source side fluid passage being configured to be connected to the fluid supply source, the cylinder device side fluid passage being configured to be connected to the cylinder device (see annotated Kang Fig. 1’), and
the flow diverter valve is configured to have a regeneration position in which the second fluid passage is connected to a regenerative motor side fluid passage configured to be connected to the regenerative moto (regeneration position is when throttle 410 is open which connects the second fluid passage to the regenerative motor fluid side passage 670 that is connected to a regenerative motor 370), and a non-regeneration position in which the third fluid passage is connected to the fluid supply source side fluid passage and the cylinder device side fluid passage (when throttle 410 is closed, and throttle 420 is open, the fluid supply source side fluid passage 622 is connected to the cylinder device side fluid passage, all amended limitations are either annotated or apparent from annotated Kang Fig. 1’).
Kang does not disclose and wherein part of the return fluid flowing from the flow diverter valve toward the regenerative motor is diverted and discharged to the tank when interpreting the tank to be the unpressurized tank.
However, Imura discloses a fluid pressure circuit similar to Kang and the present application and therefore constitutes analogous art. Imura discloses a fluid pressure circuit that includes a flow diverter valve (11a, 11b), a tank (14), a controller (20), a pump (3), wherein part of the fluid flowing from the flow diverter valve (11b) toward the regenerative motor (9) is diverted and discharged to the tank (14) via relief valve (13). Imura teaches that relief valve (13) limits the pressure of the hydraulic oil in the energy recovery line (33) . One of ordinary skill in the art at the time the invention was filed would recognize that the pressure relief valve 13 prevents excessive pressure from damaging components within the circuit.
Since preventing excessive pressure from damaging components within hydraulic circuit is beneficial, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the system of Kang to have used a pressure relief valve upstream the regenerative motor as taught by Imura, which would result in part of the return fluid flowing from the flow diverter valve toward the regenerative motor is diverted and discharged to the tank when interpreting the tank to be the unpressurized tank when an excessive pressure occurs. This is consistent with applicant’s disclosure which discloses a pressure relief valve upstream the regenerative motor that diverts part of the fluid to the tank.
The combination of Kang and Imura further renders obvious claims 1-3 and 6-8 (see corresponding Kang rejections above to equivalent limitation mapping and discussion).
Claim(s) 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Imura and Shirai et al. (US 5218897), hereinafter ‘Shirai’.
The combination of Kang and Imura renders obvious the fluid pressure circuit according to claim 1, and further comprising a switching valve (Kang 500) provided in a flow passage between the fluid supply source (Kang 310) and the flow diverter valve (Kang 400) to control an inflow and outflow of a fluid between the fluid supply source and the cylinder device (Kang Col. 5 lines 18-22),
The combination of Kang and Imura does not explicitly disclose wherein the recovery passage is provided inside the switching valve.
However, Shirai discloses a fluid pressure circuit similar to Kawasaki and the present application and therefore constitutes analogous art. Shirai teaches a switching valve 10 provided in between the pressure source 23 and the boom cylinder 32 to control an inflow and outflow of a fluid between the fluid supply source and the cylinder device, and the recovery passage 26 is provided inside the switching valve, wherein the recovery passage 26 allows fluid from the piston side chamber 3a to flow to the rod side chamber 3b similar to the recovery passage of the present application and Kang’s recovery passage (Kang, recovery passage 675 corresponds to Shirai’s recovery passage 26).
Since combining prior at elements according to known methods to yield predictable results is an exemplary rationale the supports a conclusion of obviousness, and since rearrangement of parts provides supporting rationale, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the system of Kang in view of Imura to have provided the recovery passage within the switching valve as taught by Shirai. The proposed modification would not yield any unexpected results and would not change the primary operation of the system of Kang. Repositioning the recovery passage to within another valve appears to be a matter of design choice because relocating the conduit to extend through the valve would not change the function of the recovery passage and would not change the function of the system.
The combination of Kang, Imura, and Shirai further renders obvious:
10. (previously presented) The fluid pressure circuit according to claim 5, wherein the recovery passage is configured to allow for a flow therein only when the cylinder device is retracted (Kang, Col. 8 lines 22-26 discloses that controller controls the flow diverter valve spool 420, which controls the opening of the recovery passage, is closed when the cylinder device is ascending/extending and Col. 5 lines 61-67, Col. 6 lines 1-5, Col. 7 lines 1-9 discloses the controller controls the flow diverter valve spool 420 to be open, which opens the recovery passage 675, when the cylinder device is retracting/descending).
Conclusion
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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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 October 8, 2026
