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 .
Claim Objections
Claims 11, 13, 15, 17, 19, 23, & 26-27 are objected to because of the following informalities:
Claim 11, Line 7, “the same outer diameter” should be --a same outer diameter--;
Claims 13 & 23, Line 3, “the medium” should be --a medium--;
Claims 15 & 26-27, Lines 1-2 & 3, “the disc thickness” should be --a disc thickness--;
Claim 17, Line 2, “its” should be --the piston rod--;
Claim 19, Line 3, “the respective assignable end region” should be --a respective assignable end region--.
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 11-30 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 11 recites “which, under the action of at least one external force, allows for a curvature as a whole starting from a starting state and returns to the starting state with the removal of the respective force” in lines 8-11 rendering the claim indefinite because the limitation represents a hypothetical function of the piston rod with unclear/undefined parameters and metrics, thus rendering the scope of the claim unascertainable.
The term “arranged adjacent” in Claim 12 is a relative term which renders the claim indefinite. The term “arranged adjacent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The placement of the “further guide strip” and “ring seal” relative to the “guide strip”.
Regarding claim 20, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 22 recites the limitation "the fluid" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Apparently, Claim 22 should depend from Claim 21.
Claims 13-19, 21, & 23-30 are rejected due to their dependence from Claim 11.
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.
Claims 11-13 & 20-23, as far as they are definite, are rejected under 35 U.S.C. 102(a)(1)&(a)(2) as being anticipated by Berding et al (4878519).
Berding et al disclose a piston accumulator (e.g. Fig. 1) comprising an accumulator housing (e.g. 10) and a separating piston (e.g. 13) which is guided so as to be longitudinally movable therein and separates two media chambers (e.g. 18, 19) from each other inside the accumulator housing, wherein the separating piston has two piston parts (e.g. 15, 16) which are formed as discs with the same outer diameter and which are securely connected to each other and held at a distance from each other via an elastically flexible piston rod (e.g. 14; any material has a degree of elasticity), which, under the action of at least one external force, allows for a curvature as a whole starting from a starting state and returns to the starting state with the removal of the respective force. Wherein one piston part (e.g. 15), which is directed towards a first media chamber (e.g. 18), has a guide strip (e.g. 23) on the outer circumference and wherein the other piston part (e.g. 16), which is directed towards a second media chamber (e.g. 19), has a further guide strip (e.g. 27) and a ring seal (e.g. 26), which are arranged adjacent to the one guide strip of the one piston part on the outer diameter of the other piston part; the two piston parts bound an annular space (e.g. surrounding 14) located therebetween which contains the medium of the first media chamber (e.g. Col. 2, ln. 61 - Col. 3, Ln. 9); and the two guide strips are configured identically and, viewed in the axial direction, have a greater extension than the sealing ring which is for example formed of an elastomer (e.g. as shown in Fig. 1). The two media chambers comprise a first media chamber (e.g. 18) with a working gas and a second media chamber (e.g. 19) with a fluid; wherein the fluid is hydraulic oil or hydraulic fluid (e.g. Col. 3, Ln. 14-20).
Claims 11-12, 15-16, 18, 21-22, & 28, as far as they are definite, are rejected under 35 U.S.C. 102(a)(1)&(a)(2) as being anticipated by Chen et al (10273980).
Chen et al disclose a piston accumulator (e.g. Figs. 3, 3.1) comprising an accumulator housing (e.g. HSG) and a separating piston (e.g. HSs, HSx) which is guided so as to be longitudinally movable therein and separates two media chambers (e.g. QYQ, YYQ) from each other inside the accumulator housing, wherein the separating piston has two piston parts (e.g. HSs, HSx) which are formed as discs with the same outer diameter and which are securely connected to each other and held at a distance from each other via an elastically flexible piston rod (e.g. HT, HZ), which, under the action of at least one external force, allows for a curvature as a whole starting from a starting state and returns to the starting state with the removal of the respective force. Wherein one piston part (e.g. HSs), which is directed towards a first media chamber (e.g. QYQ), has a guide strip (e.g. MFQ) on the outer circumference and wherein the other piston part (e.g. HSx), which is directed towards a second media chamber (e.g. YYQ), has a further guide strip (e.g. MFQ) and a ring seal (e.g. as shown closer to chamber YYQ), which are arranged adjacent to the one guide strip of the one piston part on the outer diameter of the other piston part; the disc thickness of the piston part with the guide strip is smaller than the disc thickness of the other piston part with the further guide strip and the sealing ring (e.g. as shown in Figs. 3 & 3.1); the piston rod with two opposing shoulders merges flat into mutually facing free end faces of the two piston parts (e.g. as shown in Fig. 3.1); the discs of the two piston parts are provided with annular recesses (e.g. as shown in Fig. 3.1); two media chambers comprise a first media chamber (e.g. QYQ) with a working gas and a second media chamber (e.g. YYQ) with a fluid, and the fluid is hydraulic oil or hydraulic fluid (e.g. YLY).
Claims 11, 16, & 21-22, as far as they are definite, are rejected under 35 U.S.C. 102(a)(1)&(a)(2) as being anticipated by Masera (GB 756203 A).
Masera discloses a piston accumulator (e.g. Fig. 1) comprising an accumulator housing (e.g. 1, 2) and a separating piston (e.g. 3, 4, 6) which is guided so as to be longitudinally movable therein and separates two media chambers from each other inside the accumulator housing, wherein the separating piston has two piston parts (e.g. 3, 4) which are formed as discs with the same outer diameter and which are securely connected to each other and held at a distance from each other via an elastically flexible piston rod (e.g. 6), which, under the action of at least one external force, allows for a curvature as a whole starting from a starting state and returns to the starting state with the removal of the respective force. Wherein the piston rod with two opposing shoulders merges flat into mutually facing free end faces of the two piston parts (e.g. as showin in Fig. 1); the two media chambers comprise a first media chamber (e.g. inside 1, above the water layer) with a working gas and a second media chamber with a fluid (e.g. 2); and the fluid is hydraulic oil or hydraulic fluid (e.g. Pg. 1, Ln. 51-56).
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 14 & 24-25, as far as they are definite, are rejected under 35 U.S.C. 103 as being unpatentable over Berding et al (4878519).
Berding et al disclose a piston accumulator, as described above, but do not explicitly teach that the distance between the two disc-shaped piston parts is greater than ⅓ and smaller than the diameter of the respective piston part. Berding et al, as shown in Fig. 1, demonstrate an accumulator piston wherein the distance between the two disc-shaped piston parts is greater than ⅓ and smaller than the diameter of the respective piston part, suggesting to one of ordinary skill in the art the claimed configuration of the accumulator piston.
Claim 17, as far as it is definite, is rejected under 35 U.S.C. 103 as being unpatentable over Masera (GB 756203 A).
Masera discloses a piston accumulator, as described above, further teach that the piston rod engages through the respective piston part with its end regions (e.g. 7, 8) directed away from each other and is fixed to this associated piston part along this end region, but does not explicitly teach that the connections are via a threaded section using a lock nut.
It is common practice in the art of piston to piston-rod connections to use a threaded section and a lock nut (e.g. as demonstrated by Otsuki (JP H08171403 A), provided by Applicant). It would have been obvious to one having ordinary skill in the art to have the pistons connected to the piston rod via a threaded section using a lock nut, as an engineering expedient for the purpose of securing the pistons in place on the piston rod.
Allowable Subject Matter
Claims 19, 27, & 29-30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art.
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/MICHAEL LESLIE/
Primary Examiner, Art Unit 3745
August 21, 2026
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