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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an operating device that outputs a signal for operating the boom cylinder” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The specification describes the operating device as a joystick or a slide switch.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1 and 3-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al. (KR 20110029634).
As concerns claim 1, Kang shows a hydraulic circuit (Fig. 1) for a construction machine with a boom, the hydraulic circuit comprising: a motor generator (10, 60; paragraph 0027); a variable displacement bidirectional pump motor (20) connected to the motor generator; a boom cylinder (30) for operating the boom; a rod-side pipeline (small chamber line between small chamber 33 & pump 20) that connects the pump motor and a rod-side port (A) of the boom cylinder; a cap-side pipeline (large chamber line between large chamber 31 & pump 20) that connects the pump motor and a cap-side port (B) of the boom cylinder; an operating device (joystick lever [not shown]; paragraph 0050) that outputs a signal for operating the boom cylinder; and a controller (main controller [not shown]; paragraph 0025 & 0026) that performs circuit control based on a signal output from the operating device, wherein in a case where a rod push-out signal for the boom cylinder is output from the operating device, hydraulic oil flows from the rod-side pipeline to the cap-side pipeline via the pump motor (Fig. 2; paragraph 0050-0052), and in a case where a rod retraction signal for the boom cylinder is output from the operating device, hydraulic oil flows from the cap-side pipeline to the rod-side pipeline via the pump motor (Fig. 3; paragraph 0054-0057).
As concerns claim 3, Kang shows a rod-side return pipeline (line between small chamber line, directional control valve unit 40 & tank 50) that connects the rod-side pipeline and a hydraulic oil tank (50); and an electromagnetic proportional on-off valve (43) disposed in the rod-side return pipeline, wherein when the rod retraction signal for the boom cylinder is output from the operating device, the controller opens the electromagnetic proportional on-off valve to discharge surplus hydraulic oil from the rod-side return pipeline (Fig. 3).
As concerns claim 4, Kang shows wherein the controller adjusts an opening degree of the electromagnetic proportional on-off valve according to the signal output from the operating device and controls an amount of surplus hydraulic oil discharged from the rod-side return pipeline (paragraph 0056).
As concerns claim 5, Kang shows a cap-side return pipeline (line between large chamber line, directional control valve unit 40 & tank 50) that connects the cap-side pipeline and a hydraulic oil tank (50); and an electromagnetic proportional relief valve (43) disposed in the cap-side return pipeline, wherein when the rod retraction signal for the boom cylinder is output from the operating device, the controller reduces relief pressure of the electromagnetic proportional relief valve to discharge surplus hydraulic oil from the cap-side return pipeline (Fig. 5).
As concerns claim 6, Kang shows a rod-side replenishment pipeline (line between tank 50, check valve 90 & small chamber line) connected to the rod-side pipeline; a rod-side check valve (90) disposed in the rod-side replenishment pipeline; a cap-side replenishment pipeline (line between tank 50, check valve 90 & large chamber line) connected to the cap-side pipeline; and a cap-side check valve (90) disposed in the cap-side replenishment pipeline, wherein in a case where the rod push-out signal for the boom cylinder is output from the operating device, the rod-side check valve opens to replenish the rod-side pipeline with hydraulic oil (Fig. 2), or the cap-side check valve opens to replenish the cap-side pipeline with hydraulic oil.
As concerns claim 7, Kang shows wherein the cap-side pipeline is provided with a drift reduction valve (80) that allows flow from the pump motor to the cap-side port and blocks flow from the cap-side port to the pump motor (Fig. 1 & 2), and in a case where the rod retraction signal for the boom cylinder is output from the operating device, the controller opens the drift reduction valve to allow flow from the cap-side port to the pump motor (Fig. 3-5).
As concerns claim 8, Kang shows wherein the controller adjusts a rotation speed of the motor generator and a displacement of the pump motor according to the signal output from the operating device (paragraph 0026 & 0027).
Allowable Subject Matter
Claim 2 is 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 of record does not appear to anticipate and/or render obvious a hydraulic circuit for a construction machine with a boom, the hydraulic circuit comprising: a motor generator; a variable displacement bidirectional pump motor connected to the motor generator; a boom cylinder for operating the boom; a rod-side pipeline that connects the pump motor and a rod-side port of the boom cylinder; a cap-side pipeline that connects the pump motor and a cap-side port of the boom cylinder; an operating device that outputs a signal for operating the boom cylinder; a controller that performs circuit control based on a signal output from the operating device, wherein in a case where a rod push-out signal for the boom cylinder is output from the operating device, hydraulic oil flows from the rod-side pipeline to the cap-side pipeline via the pump motor, and in a case where a rod retraction signal for the boom cylinder is output from the operating device, hydraulic oil flows from the cap-side pipeline to the rod-side pipeline via the pump motor; and a cap-side pressure sensor that detects pressure in the cap-side pipeline, wherein in a case where the rod retraction signal for the boom cylinder is output from the operating device, the controller causes the motor generator to drive the pump motor when the pressure detected by the cap-side pressure sensor is less than a predetermined value, and allows the motor generator to be driven by the pump motor when the pressure detected by the cap-side pressure sensor is equal to or higher than the predetermined value.
Kang et al. (KR 20110029634) shows a cap-side pressure sensor that detects pressure in the cap-side pipeline, wherein the controller controls operation based on a measured differential pressure between the rod-side pressure and the cap-side pressure. However, Kang does not show wherein in a case where the rod retraction signal for the boom cylinder is output from the operating device, the controller causes the motor generator to drive the pump motor when the pressure detected by the cap-side pressure sensor is less than a predetermined value, and allows the motor generator to be driven by the pump motor when the pressure detected by the cap-side pressure sensor is equal to or higher than the predetermined value.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (US 2022/0307524) and Opdenbosch (US 2012/0260641) each show a hydraulic circuit having a motor generator, a bidirectional hydraulic pump, a cylinder, a rod-side pipeline, a cap-side pipeline, an operating device, a controller, a rod-side pressure sensor, and a cap-side pressure sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571)272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3672
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