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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/19/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-7 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Nakagawa et al., Japanese Patent Publication JP 2000-054423 (hereinafter "Nakagawa").
In Reference to Claim 1:
Nakagawa discloses A hydraulic control device (Figure 1 work machine with hydraulic system), 6 (hydraulic circuit) , 7 ( electrical control) and 10 (control logic) , comprising: a switching control valve (48 or 49) configured to switch a supply and discharge state of hydraulic oil; at least one electromagnetic proportional valve (51, 53, 55 and 57) configured to be used for a switching operation of the switching control valve (48 or 49); a control unit (65) configured to control an operation of the electromagnetic proportional valve (51, 53, 55, and 57) based on an operation command of an operation tool (58); and a mode switching switch (62) configured to switch a control mode of the control unit between a first mode and a second mode, wherein the operation tool (58) is capable of being operated to a one-side region, a neutral region (neutral position), and an other-side region (floating side; accelerated dumping) , wherein the switching control valve is capable of being switched between a one- side operation position where the switching control valve is switched in response to an operation of the operation tool (58) to the one-side region, a neutral position where the switching control valve is switched when the operation tool is not operated, an other-side first operation position where the switching control valve is switched when the operation tool is operated to the other-side region, and an other-side second operation (lowering side: Dumping function) position where the switching control valve is switched when the operation tool is operated to the other-side region, which is different from the first operation state, and wherein the control unit is configured to;supply a current value corresponding to the other-side first operation position (floating side: accelerated dump) to the electromagnetic proportional valve (53 and 57) when the operation tool (58) is operated from the neutral position to the other-side region in the first mode, and supply a current value corresponding to the other-side second operation position to the electromagnetic proportional valve when the operation tool is operated from the neutral position to the other-side region in the second mode. See also, Paragraph [0009-0016].
In Reference to Claim 2:
Nakagawa further discloses wherein the switching control valve (48 and 49):switches the supply and discharge state of hydraulic oil with respect to a hydraulic actuator (25 and 31) from a hydraulic pump (47), switches the supply and discharge state to operate the hydraulic actuator (25 and 31) in a first operation direction at the one-side operation position (rising side and tilt side) , switches the supply and discharge state to operate the hydraulic actuator in a first operation state in a second operation direction at the other-side first operation position (floating side: accelerated dumping side), and switches the supply and discharge state to operate the hydraulic actuator in a second operation state different from the first operation state in the second operation direction at the other- side second operation position (lowering side; dumping side) . See, Paragraph [0015 and 0016]. See, Figure 6.
In Reference to Claim 3:
Nakagawa further discloses wherein the hydraulic actuator (31) is a hydraulic cylinder , the first operation state is a high-speed operation state ( accelerated dumping) where the hydraulic cylinder is operated at a high speed, and the second operation state is a low-speed operation state (dumping) where the hydraulic cylinder is operated at a low speed. See, Paragraph [0016] and Figure 6 and 10.
In Reference to Claim 4:
Nakagawa further discloses wherein the hydraulic cylinder (31) is configured to be of a reciprocating type, and wherein the switching control valve (49) is configured such that return oil from the hydraulic cylinder while the switching control valve is switched to the other-side second operation position joins pressurized oil supplied to the hydraulic cylinder. See, Figure 6.
In Reference to Claim 5:
Nakagawa further discloses wherein the hydraulic actuator (25) is a hydraulic cylinder ,hydraulic oil from the hydraulic pump (47) is supplied to a first port for operating the hydraulic cylinder in a first operation direction in the hydraulic cylinder at the one-side operation position (rising),hydraulic oil from the hydraulic pump is supplied to a second port for operating the hydraulic cylinder in a second operation direction in the hydraulic cylinder at the other-side first operation position (floating) , and supply of hydraulic oil from the hydraulic pump (47) to the first port and the second port is blocked, and the first port and the second port are caused to communicate with each other to be connected to a drain oil passage through which hydraulic oil is discharged to a tank at the other- side second operation position. See, Figure 6.
In Reference to Claim 6:
Nakagawa further discloses wherein the switching control valve (48;49) is configured to switch an operation position by slide-operating a spool with a hydraulic pilot operation pressure, and wherein the at least one electromagnetic proportional valve comprises a plurality of electromagnetic proportional valves (53; 55), as the electromagnetic proportional valve, a one- side electromagnetic proportional valve (53 and 57) configured to change a pilot operation pressure for slide- operating the spool on one side and an other-side electromagnetic proportional valve configured to change a pilot operation pressure for slide-operating the spool on an other side are provided. See, Figure 6.
In Reference to Claim 7:
Nakagawa further discloses wherein the operation tool (58) is configured of a swing-operable operation lever, and wherein the mode switching switch (62) is configured of a switch provided on a grip portion (37) of the operation tool to be finger-operable.
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa et al., Japanese Patent Publication JP 2000-054423 (hereinafter "Nakagawa").
In Reference to Claim 8:
Nakagawa discloses wherein the other side region is provided on the opposite side of the one side region across a neutral position interposed therebetween, the other side region is divided into to function positions to allow two differing states.
Examiner notes it would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Nakagawa such that the configuration on the actuation lever contain two functions positions corresponding to the two different functions states that are located on opposing or different sides of the natural postion, instead of being on the same side of the neutral position as such a modification is a simple design choice of placement of the functions.
As such it would be obvious to a person having ordinary skill in the art to modify Nakagawa produce a hydraulic control device wherein the other-side region of the operation tool (58), an other-side first region located on a neutral region side and an other-side second region located on a side opposite to the neutral region are set, the mode switching switch (62) is configured to switch the control mode of the control unit to a third mode, and wherein in the third mode, the control unit is configured to; supply the current value corresponding to the other-side first operation position to the electromagnetic proportional valve (51, 53, 55, and 57) when the operation tool (58)is operated in the other- side first region, ands upply the current value corresponding to the other-side second operation position to the electromagnetic proportional valve(51, 53, 55, and 57) when the operation tool is operated in the other- side second region for the reason stated above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S. COLLINS whose telephone number is (313)446-6535. The examiner can normally be reached M-TH 8:00-5:30.
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/DANIEL S COLLINS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745