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 Amendment
Applicant's submission filed on 12/18/2025 has been entered. Claims 1-17, 22 and 26-27 remain(s) pending in the application. Applicant's amendments to the Claims have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 09/23/2025, hereinafter NFOA.
Response to Arguments
Applicant’s arguments with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 as being unpatentable over Schneider; William E. US 5190447 A, hereinafter Schneider, in view of Souply; Jean-Pierre et al. US 9074578 B2, hereinafter Souply, have been fully considered and are persuasive. Specifically, the argument that Schneider fails to disclose “the controller is configured to receive a demand and control whether each of the pistons performs (i) the pump and/or motoring, or (ii) the idling, during one or more of the cycles in response to the demand”. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made via Wright; Lyndon J. et al. US 6575078 B1.
Applicant’s arguments with respect to the rejection(s) of claim(s) 27 under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by Bridger, Keith et al. US 20030126981 A1, hereinafter Bridger, have been fully considered and are persuasive. Specifically, the argument that Bridger fails to disclose the limitation “wherein the actuator control valve is configured to provide, in use, proportional control of the hydraulic actuator using hydraulic pressure provided by the energy storage device” is accurate. Therefore, the rejection has been withdrawn.
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 1-5 are rejected under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by Wright; Lyndon J. et al. US 6575078 B1, hereinafter Wright.
Regarding claim 1, Wright discloses (Fig. 1-3, 10) a hydraulic device comprising:
a piston arrangement comprising a plurality of pistons (13), wherein each of the pistons is arranged to reciprocate within a cylinder (7) in a cycle comprising an in-stroke wherein fluid flows into the cylinder and an out-stroke wherein the fluid flows out of the cylinder (Col 5 Ln 31-33), wherein the reciprocation of the pistons is collectively driven by, or drives a rotatable piston drive element (8, Col 4 Ln 2-60);
a piston switching valve arrangement comprising a plurality of piston switching valves (9), wherein each of the pistons is associated with one of the piston switching valves, wherein each of the piston switching valves is configured to control fluid flow into and out of the cylinder of the piston associated with the piston switching valve (Col 4 Ln 36-39); and
a controller (6/20, 6/30, “control… electronically”) configured to control the piston switching valves (Col 8 Ln 36-47);
wherein each of the piston switching valves is configurable between:
-a first configuration in which the cylinder of the piston associated with the piston switching valve is in fluid communication with a first port (15, Col 5 Ln 11-13), and
-a second configuration in which the cylinder of the piston associated with the piston switching valve is in fluid communication with a second port (16, Col 5 Ln 13-17);
wherein the controller is configured to control the piston switching valves such that in use each of the pistons can selectively perform:
(i) pumping and/or motoring, in which the fluid is transferred from one of the first or second ports to another of the first and second ports during the cycle;
(ii) idling, in which the fluid is not transferred between the first or second ports during the cycle;
(Col 2 Ln 13-15 states “Preferably the stator part and advancing part are symmetrically arranged allowing the motor to be stalled and/or operated in reverse”; Col 5 Ln 56-59 states “A further advantage is that if an appropriate load is attached to the rotor assembly 26 then the motor 11 will stall indefinitely with full supply pressure”; Col 8 Ln 50-57 states “
“Although discussion has been made of driving the pistons 13 successively it should be recognized that this may not necessarily be limited to driving adjacent pistons sequentially but can simply relate to driving the pistons in a predetermined sequence; this is particularly suited to electronic control although the valve cam profile could be shaped in a manner to achieve this as will be apparent to the skilled person”; these statements, make it clear that when using an electrical controller, the valves may be operated in a manner to achieve pump/motoring or idling
wherein the controller is configured to receive a demand and control whether each of the pistons performs (i) pumping and/or motoring (); or (ii) the idling, during one or more of the cycles in response to demand (Col 8 Ln 58-67 states “Numerous applications for the motor are available. For example the rotary motion achieved by the motor can be used in a vehicle traction drive by coupling the rotational motion of the rotor to the vehicle drive in any suitable manner. Many other applications can be contemplated. For example the motor can be used in robotic positioning drives, conveyor drives, mechanical handling drives, machine tool drives, transmission drives, active brakes (for example by "stalling" the motor), pneumatic servo motor drives, modulating motor drives, retarders and accelerator boosters”; all of said applications fundamentally require an input/demand in order to operate/control whether the pistons perform (i) or (ii); stated another way, in the application of the vehicle traction motor, receiving a demand from an ‘operator’ is fundamentally occurs in order to place the hydraulic device in (i) motoring/pumping or (ii) idling);
wherein the plurality of pistons are provided in a radial arrangement, wherein the piston arrangement is internally impinged (depicted as radial and as disclosed by applicants’ description of ‘internally impinged’ (Pg 1 Ln 25-30), the device comprises a drive element located outwardly of the radial piston arrangement).
Regarding claim 2, Wright discloses (Fig. 1-3, 10) the rotatable piston drive element is a cam, the position of each piston being determined by the angular position of the cam relative to the piston arrangement, and wherein the cam surface is arranged such that during each revolution of the cam, each piston is driven to complete more than one cycle (depicted as such in Fig. 3).
Regarding claim 3, Wright discloses (Fig. 1-3, 10) discloses the pistons (13) each comprise a roller (14), and wherein the cam engages the pistons via the rollers (Col 4 Ln 9-14).
Regarding claim 4, Wright discloses (Fig. 1-3, 10) the piston switching valves are spool valves, wherein the configuration of each valve is defined by the position of a spool relative to a manifold (depicted as spool valves whose linear position defines the ports opening/closing relationship to a manifold).
Regarding claim 5, Wright discloses (Fig. 1-3, 10) the piston switching valves are linear spool valves, wherein the configuration of each valve is defined by the linear position of the spool relative to the manifold (depicted as spool valves whose linear position defines the ports opening/closing relationship to a manifold).
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 of this title, 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 6-8 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Wright in view of Schmidt; Howard K. US 20220128053 A1, hereinafter Schmidt. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (positive displacement machines, hydraulic actuator systems); or the references is/are reasonably pertinent to the problem faced by the inventor (actuation of valves). MPEP2141.01(a) I.
Regarding claim 6, Wright discloses the claimed invention substantially as claimed, as set forth above for Claim 4 except fails to explicitly state that the piston switching valves are rotary spool valves, wherein the configuration of each valve is defined by an angular position of the spool relative to the manifold. Instead, Wright discloses the piston switching valve as linear spool valves.
Schmidt discloses (Fig. 1) a switching valves are rotary spool valves (18), wherein the configuration of each valve is defined by an angular position of the spool (38) relative to the manifold (35) [0016-0017].
One of ordinary skill in the art could have substituted one known element (rotary spool valve) for another (linear spool valve), and the results of the substitution (control fluid flow) would have been predictable. Because both Wright and Schmidt teach spool valves, it would have been obvious to one skilled in the art to substitute rotary spool valve for the linear spool valve to achieve the predictable result of controlling the flow of fluid therethrough.
Regarding claim 7, Wright discloses the claimed invention substantially as claimed, as set forth above for Claim 4. Wright further discloses (Fig. 1-3, 10) each of the piston switching valves is individually actuated by a separate electric motor (32) which drives the spool (Col 8 Ln 36-45).
Wright fails to explicitly state that the valve is a rotary driven spool. Instead, Wright discloses a linear spool valve.
Schmidt discloses (Fig. 1) switching valves are rotary spool valves (18), wherein the configuration of each valve is defined by an angular position of the spool (38) relative to the manifold (35) [0016-0017], whereby actuation is configured to produce rotary motion which drives the spool [0016-0017].
One of ordinary skill in the art could have substituted one known element (rotary spool valve) for another (linear spool valve), and the results of the substitution (control fluid flow) would have been predictable. Because both Wright and Schmidt teach spool valves, it would have been obvious to one skilled in the art to substitute rotary spool valve for the linear spool valve to achieve the predictable result of controlling the flow of fluid therethrough.
Regarding claim 8, Schmidt discloses (Fig. 1) wherein each of the piston switching valves changes between configurations by the motor rotating in only one direction ([0016] indicates that the valve is rotated in only one direction).
Regarding claim 26, Wright discloses the claimed hydraulic device as stated above for claims 1 and 4.
Wright fails to explicitly state that each of the piston switching valves is individually actuated by a separate electric motor which is configured to produce rotary motion which drives the spool.
Schmidt discloses (Fig. 1) switching valves are rotary spool valves (18), wherein the configuration of each valve is defined by an angular position of the spool (38) relative to the manifold (35) [0016-0017], whereby actuation is configured to produce rotary motion which drives the spool [0016-0017].
One of ordinary skill in the art could have substituted one known element (rotary spool valve) for another (linear spool valve), and the results of the substitution (control fluid flow) would have been predictable. Because both Wright and Schmidt teach spool valves, it would have been obvious to one skilled in the art to substitute rotary spool valve for the linear spool valve to achieve the predictable result of controlling the flow of fluid therethrough.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wright, in view of Bourgault; Frederic et al. US 20200080541 A1, hereinafter Bourgault. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (positive displacement machines). MPEP2141.01(a) I.
Regarding claim 9, Wright discloses the claimed invention substantially as claimed, as set forth above for Claim 1. Wright further discloses (Fig. 1-3, 10) the plurality of pistons comprises a first plurality of the pistons arranged in a first plane perpendicular to a rotational axis (3) of the drive element, and a second plurality of the pistons arranged in a second plane perpendicular to the rotational axis of the drive element (Fig. 1-3 depicts a plurality of pistons (such as 8, Col 6 Ln 12-31) which may be arbitrarily grouped into a first and second plurality, each group/plurality are depicted as arranged in a respective plane perpendicular to (3)).
Wright fails to explicitly state that the first plurality of pistons forming a first layer of pistons which is axially displaced from a second layer of pistons formed by the second plurality of pistons.
Bourgault discloses (Fig. 5-6) a piston arrangement comprising a plurality of pistons (508), wherein each of the pistons is arranged to reciprocate within a cylinder (506) in a cycle comprising an in-stroke wherein fluid flows into the cylinder and an out-stroke wherein the fluid flows out of the cylinder, wherein the reciprocation of the pistons is collectively driven by, or drives a rotatable piston drive element (502) [0147];
a piston switching valve arrangement comprising a plurality of piston switching valves (702/704), wherein each of the pistons is associated with one of the piston switching valves, wherein each of the piston switching valves is configured to control fluid flow into and out of the cylinder of the piston associated with the piston switching valve [0147-0148]; and
the plurality of pistons comprises a first plurality of the pistons arranged in a first plane perpendicular to a rotational axis (602) of the drive element, and a second plurality of the pistons arranged in a second plane perpendicular to the rotational axis of the drive element, the first plurality of pistons forming a first layer of pistons which is axially displaced from a second layer of pistons formed by the second plurality of pistons for the purpose of favoring torque application([0145], Fig. 6).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Wright, by providing the first plurality of pistons forming a first layer of pistons which is axially displaced from a second layer of pistons formed by the second plurality of pistons, as taught by Bourgault, for the purpose of favoring/customizing torque application.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wright, in view of Souply; Jean-Pierre et al. US 9074578 B2, hereinafter Souply. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (positive displacement machines). MPEP2141.01(a) I.
Regarding claim 10, Wright discloses the claimed invention substantially as claimed, as set forth above for Claim 1 except fails to explicitly state that each of the piston switching valves comprises a closed configuration in which the cylinder of the piston associated with the piston switching valve is not open to the first port or the second port; and wherein each cycle of each of the pistons comprises a pre-compression and/or decompression phase wherein the fluid in the cylinder associated with the piston is pre-compressed or decompressed, respectively, before the piston switching valve associated with the piston is opened
Souply discloses (Fig. 1-5) a hydraulic device comprising:
a piston arrangement comprising a plurality of pistons (18), wherein each of the pistons is arranged to reciprocate within a cylinder (14) in a cycle comprising an in-stroke wherein fluid flows into the cylinder (Col 13 Ln 25-26) and an out-stroke wherein fluid flows out of the cylinder (Col 13 Ln 23-25), wherein the reciprocation of the pistons is collectively driven by a rotatable piston drive element (20);
a piston switching valve arrangement comprising a plurality of piston switching valves (32), wherein each of the pistons is associated with one of the piston switching valves, wherein each of the piston switching valves is configured to control fluid flow into and out of the cylinder of the piston associated with the piston switching valve (Col 12 Ln 46-50); and
a controller (34) configured to electronically control the piston switching valves (Col 12 Ln 56-59);
wherein each of the piston switching valves is configurable between:
-a first configuration in which the cylinder of the piston associated with the position switching valve is in fluid communication with a first port (26, Col 13 Ln 23-25), and
-a second configuration in which the cylinder of the piston associated with the piston switching valve is in fluid communication with a second port (28, Col 13 Ln 25-26);
wherein the controller is configured to control the piston switching valves such that in use each of the pistons can selectively perform:
(i) pumping and/or motoring, in which fluid is transferred from one of the ports to another of the ports during a cycle (Col 13 Ln 23-26), and
(ii) idling, in which fluid is not transferred between the ports during a cycle (Col 15 Ln 8-14);
wherein the hydraulic device comprises an output (interpreted as fluid forced out through discharge port (28)), the controller being configured to control the output by controlling whether each of the pistons performs
(i) pumping and/or motoring (Col 13 Ln 23-26 discloses how (32) control the outlet of fluid from the device/output), or
(ii) idling, during one or more cycles (Col 15 Ln 8-14); and
wherein the plurality of pistons are provided in a radial arrangement (depicted as radial);
wherein each of the piston switching valves comprises a closed configuration in which the cylinder of the piston associated with the piston switching valve is not open to the first port or the second port; and wherein each cycle of each of the pistons comprises a pre-compression and/or decompression phase wherein the fluid in the cylinder associated with the piston is pre-compressed or decompressed, respectively, before the piston switching valve associated with the piston is opened (Col 13 Ln 23-26, Col 15 Ln 8-14 discloses, operation of the switching valves whereby the cylinders are closed to ports, and other operations of the switching valves to open at various times during the cycle to achieve a particular ‘displacement’ thereby disclosing the ‘pre-compression and/or decompression phases’)
Souply further states that providing a controller configured to electronically control the piston switching valves and the piston switching valves comprising a closed configuration enables “having at least two operating cylinder capacities that are quite different from each other, in order to enable pleasant, jolt-free, operation, and in order to limit the variations in flow rate required of the pump, it is desirable for the motor to have intermediate cylinder capacities so as to make it possible to go smoothly between its various cylinder capacities” (Col 1 Ln 64 - Col 2 Ln 3).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Schneider, by providing a controller configured to electronically control the piston switching valves with a closed configuration, as taught by Souply, for the purpose of enabling a pleasant, jolt-free, operation.
To further clarify the modification, the controller two position switching valves of Schneider are replaced with the electronic controller and three position piston switching valves of Souply.
Allowable Subject Matter
Claims 11, 12-17 and 22 are 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.
Claim 27 is allowable
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 11, Schneider discloses the claimed invention substantially as claimed, as set forth above for Claim 1 except fails to explicitly state that two or more of the pistons are associated with each of the piston switching valves.
Withstanding the formalities/rejections listed previously, Claim 11 contains allowable subject matter. The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed piston to piston switching valve third relationship. Although Schneider discloses a piston to piston switching valve relationship, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Schneider to incorporate the details that two or more of the pistons are associated with each of the piston switching valves, along with the other claimed components of the hydraulic device. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the claim.
Regarding claim 12, Schneider discloses the claimed invention substantially as claimed, as set forth above for Claim 1 except fails to explicitly state that each of the piston switching valves is configurable to: a third configuration in which the cylinder of the piston associated with the piston switching valve is in fluid communication with a third port.
Withstanding the formalities/rejections listed previously, Claim 12 contains allowable subject matter. The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed piston switching valve third configuration. Although Schneider discloses a piston switching valve, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Schneider to incorporate the details that each of the piston switching valves is configurable to: a third configuration in which the cylinder of the piston associated with the piston switching valve is in fluid communication with a third port, along with the other claimed components of the hydraulic device. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the claim.
Claims 13-17 and 22 depend from claim 12.
Regarding claim 27, Bridger discloses (Fig. 2) a hydraulic system for controlling a hydraulic actuator (70), the hydraulic system comprising:
an actuator control valve (71) for controlling a flow of hydraulic fluid to the hydraulic actuator, the actuator control valve comprising
a service port (30), and
a first actuator port (72 or 73) for fluid communication with a first chamber (78 or 79) of the hydraulic actuator; and
a service network (30) comprising one or more fluid flow channels in fluid communication with a hydraulic pump (22/23) and with the service port of the actuator control valve;
a storage network for connecting to an energy storage device (74); and
a flow channel (depicted flow channel connecting (74-71)) for connecting the storage network and the service network via the actuator control valve;
wherein the actuator control valve is configurable to:
a first actuation configuration in which the first actuator port is in fluid communication with the service port, and fluid flow between the storage network and the service network is blocked, such that the actuator control valve allows, in use, the hydraulic actuator to be controlled using the hydraulic pump [0058]; and
a second actuation configuration in which the first actuator port is in fluid communication with the service port, and fluid flow from the storage network to the service network is permitted ([0058] states that (74) is connected via a check valve thereby also permitting flow from (74) to (30/72/73).
Bridger fails to explicitly state that the actuator control valve is configured to provide, in use, proportional control of the hydraulic actuator using hydraulic pressure provided by the energy storage device.
The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed proportional control. Although Bridger discloses a actuator control valve, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Bridger to incorporate the details that the actuator control valve is configured to provide, in use, proportional control of the hydraulic actuator using hydraulic pressure provided by the energy storage device, along with the other claimed components of the hydraulic system. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Contact Information
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 MATTHEW WIBLIN whose telephone number is (571)272-9836. The examiner can normally be reached on Monday-Friday 8:00 am - 4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHANIEL WIEHE can be reached on 571-272-86488648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW WIBLIN/ Examiner, Art Unit 3745