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 .
Election/Restrictions
Applicant's election with traverse of Species 1 (Fig 3A) in the reply filed on 03/09/2026 is acknowledged. The traversal – between Species 1 & Species 2 - is on the ground(s) that: the restriction is not proper based on what is stated in MPEP §803 & that MPEP §808 requires an explanation as to why each invention as claimed is either independent or distinct, and why there is a serious search burden and argues why these requirements have not been met.
Applicant’s election of Sub-Species B (Figs 1-2C) in the reply filed on 03/09/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the election requirement between the Sub-species, the election of Sub-Species B has been treated as an election without traverse (MPEP § 818.01(a)).
With regards, to Applicants election with traverse of Species 1 (Fig 3A), Applicants arguments are not found persuasive because:
MPEP §803 II states: that
“Examiners must provide reasons and/or examples to support conclusions, but need not cite documents to support the restriction requirement in most cases.”
The examiner notes that it was explained why, SPECIES 1 & SPECIES 2 are patentably distinct in the CTRS mailed on 01/07/2026 (See Page 2, section 1, Paragraph 3).
“If there is an express admission that the claimed inventions would have been obvious over each other within the meaning of 35 U.S.C. 103, restriction should not be required. In re Lee, 199 USPQ 108 (Comm’r Pat. 1978).”
The examiner notes that it was articulated in the CTRS mailed on 01/07/2026 (See Page 2, section 1, Paragraph 3) – that Species 1 and Species 2 are not obvious variants based on the current record.
Furthermore, during the interview of 03/03/2026 – Applicant admitted that Species 1 & Species 2 are not obvious variants, and that they are not going to state that they are obvious variants.
“a serious examination burden, for example, may be prima facie shown by appropriate explanation of non-prior art issues under 35 U.S.C. 101, pre-AIA 35 U.S.C. 112, first paragraph, and/or 35 U.S.C. 112(a) relevant to one invention that are not relevant to the other invention.”
Species 1 (Fig 3A) is directed to a system as shown below:
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As understood from Fig 3A above, the valve 506 switches which side of the hydraulic cylinder 512 is pressurized by the pump and which side of the hydraulic cylinder is returned to the sump 502 – thus control of the system allows movement of the piston to be reciprocated back and forth by the hydraulic cylinder.
Species 2 (Fig 3B) is directed to a system as shown below:
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As understood from Fig 3B above, there is no way for valve 506 to deliver fluid from the sump 502 to hydraulic cylinder 512 since pump 504 is not in communication with the sump 502. Additionally, there is no way for the piston to move downward, since there is no position of valve 506 which delivers a higher pressure of fluid to 508 than to 510. Accordingly, Species 2 (Fig 3B) contains non-prior art issues under §112 (since it is not known/disclosed how movement of the piston is controlled in Species 2) which are not present in Species 1. Accordingly a serious examination burden exists.
Additionally, with regards to Applicants assertions that the examiner has not provided an explanation as to why each invention as claimed is either independent or distinct, and why there is a serious search burden as required by §808 – the examiner notes that this information has already been provided (in the CTRS mailed on 01/07/2026,See Page 2, section 1, Paragraph 3).
Accordingly, Applicants arguments are not persuasive. The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 25 & 32 are objected to because of the following informalities:
Claim 25 Line 3 currently states:
“first sensor signal and generate a second control signal to control movement of the first piston”.
Should be changed to state:
--first sensor signal and generate a second control signal to control the movement of the first piston--.
Claim 32 Line 3 currently states:
“first sensor signal and generate a second control signal to control movement of the first piston”.
Should be changed to state:
--first sensor signal and generate a second control signal to control the movement of the first piston--.
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 26-27, 33-34, and 40 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.
Regarding Claim 26: Line 1-5 states: “wherein the first sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet and wherein the second sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the first magnet.”. It is unclear the exact limitations the applicant is introducing here, specifically how the second device of the second sensor device, which is hermetically sealed in the second potting body – responds to a change in a second magnetic field generated by the first magnet (which is part of the first sensor device and is hermetically sealed in the first potting body of the first sensor device), especially since Fig 2B and Fig 2C show the first and second sensors 204,206 as being stationary objects located at a fixed distance from each other. Accordingly the scope of the claim is unclear. However since ¶0040-¶0041 of the SPEC suggest that each sensor has a potting body 402 that has formed therein circuitry 404 that includes a magnet (e.g. the first/second magnets recited in the claim) and a hall effect sensor (e.g. the first/second devices recited in the claim). And ¶0042 of the SPEC specifically states that, the hall effect sensor 456 in the circuitry 404 measure a magnetic field of measures a magnetic field generated by the magnet (i.e. the magnet in the circuitry 404) and that when a ferrous metal comes into close proximity to the magnet (i.e. the magnet in the circuitry 404) the magnetic field changes (i.e. the magnetic field generated by the magnet in the circuitry 404) and is measured (i.e. is measured by the hall effect sensor 456/device in the circuitry 404). Accordingly, in claim 26 it should state that the second device responds to a change in a second magnetic field generated by the second magnet. Therefore, for the purposes of examination the limitations in question will be read as: --wherein the first sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet and wherein the second sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the second magnet.--.
Regarding Claim 33: Line 1-6 states: “wherein the first non-contact sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet and wherein the second non-contact sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the first magnet.”. It is unclear the exact limitations the applicant is introducing here, specifically the language of claim 33 is unclear for the same reasons as discussed above with respect to claim 26. Therefore, for the purposes of examination the limitations in question will be read as: --wherein the first non-contact sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet and wherein the second non-contact sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the second magnet.--.
Regarding Claim 40: Line 1-8 states: “wherein the first non-contact sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet, wherein the second non-contact sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the first magnet, and wherein the portion of the pump assembly comprises a ferrous material and is configured to cause the change in the first magnetic field and the change in the second magnetic field.”. It is unclear the exact limitations the applicant is introducing here, specifically the language of claim 40 is unclear for the same reasons as claims 26 & 33. Therefore, for the purposes of examination the limitations in question will be read as: --wherein the first non-contact sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet, wherein the second non-contact sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the second magnet, and wherein the portion of the pump assembly comprises a ferrous material and is configured to cause the change in the first magnetic field and the change in the second magnetic field.--.
Finally; depending claim(s) inherit deficiencies from the parent claim(s).
Appropriate correction is required.
Information Disclosure Statement
The information disclosure statement filed 10/03/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
For the following documents, no copy has been provided:
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Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-25, 28-32, 35, and 37-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 7, and 8 of U.S. Patent No. 12135048 in view of Hackett US 2014/0334947.
Instant Application
USPN 12135048
Claim 21
Claims 1, 6, 7. Discloses most of the limitations recited in Claim 21 (as explained below), but does not disclose: a second piston rod connected to the second piston and extending out of the second cylinder; and [the coupling assembly] coupling the first piston rod to the second piston rod. See rejection of claim 21 below.
Claim 22
Claim 1 first introduces the sensor device and that the sensor device generates a sensor signal indicative of a sensed position of the coupling assembly (i.e. collar/sheath).
Additionally Claim 8 when read in combination with claims 1, 6 & 7 – is understood to couple the sensor device on one of the first wall and the second wall – given that claim 8 requires that: the sensor device is/are directly coupled to an interior wall of the housing assembly, given how the interior wall of the housing assembly is defined.
Claim 23
See Claim 1.
Claim 24
See Claim 6.
Claim 25
See Claim 6.
Claim 28
See rejection of claim 28 below.
Claim 29
See rejection of claim 29 below.
Claim 30
See Claim 1.
Claim 31
See Claim 6.
Claim 32
See Claim 6.
Claim 35
See rejection of claim 35 below.
Claim 37
See Claim 1.
Claim 38
See Claim 6.
Claim 39
See Claim 6.
Regarding Claim 21: Claims 1, 6, 7 of USPN 12135048 discloses the limitations:
a first cylinder (hydraulic cylinder);
a first piston (hydraulic piston) disposed in the first cylinder (claim 1);
a first piston rod (rod) connected to the first piston and extending out of the first cylinder (claim 1);
a second cylinder (liquid cylinder);
a second piston (liquid piston) disposed in the second cylinder (claim 1);
a housing assembly (housing assembly) disposed between the first cylinder and the second cylinder (claim 1), the housing assembly comprising:
a first wall (claim 1);
a second wall (claim 1), the second wall spaced from the first wall to define a first opening and a second opening (claim 1);
a first cover (Claim 1) removably coupled to (claim 7), at least, the first wall (claim 1) to cover the first opening (Claim 1); and
a second cover (claim 1) removably coupled to (claim 7), at least, the second wall (claim 1) to cover the second opening (claim 1); and
a coupling assembly (= sheath & collar) disposed within the housing assembly (claim 1). Claims 1, 6, 7 of USPN 12135048 are silent regarding the limitations: a second piston rod connected to the second piston and extending out of the second cylinder; and [the coupling assembly] coupling the first piston rod to the second piston rod. The prior art of Hackett US 2014/0334947 which is directed to a hydraulically driven piston pump (Fig 1, ¶0011-¶0012, ¶0018) like USPN 12135048, is noted.
However, Hackett US 2014/0334947 does disclose the limitations:
a first cylinder (Fig 1, 108, ¶0011);
a first piston 110 disposed in the first cylinder (Figs 1-2);
a first piston rod 112 connected to the first piston (Figs 1-2) and extending out of the first cylinder (Figs 1-3);
a second cylinder (Fig 1, 118, ¶0011-¶0012);
a second piston 120 disposed in the second cylinder (Figs 1-2);
a second piston rod 122 connected to the second piston (Figs 1-2) and extending out of the second cylinder (Figs 1-3);
a housing assembly (194, Figs 2-3, ¶0017) disposed between the first cylinder and the second cylinder (Figs 2-3, ¶0017); and
a coupling assembly (190 (of 112),190 (of 122),128,192 (of 112), 192 (of 122), ¶0015-¶0016, Figs 2-3) disposed within the housing assembly (Figs 2-3, ¶0017) and coupling the first piston rod to the second piston rod (Figs 2-3, ¶0016-¶0017).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to configure the coupling assembly (= sheath & collar) of USPN 12135048 so as to couple the first piston rod to a second piston rod connected to the second piston using a coupling assembly (190 (of 112),190 (of 122),128,192 (of 112), 192 (of 122), Figs 2-3) as taught by the prior art of Hackett US 2014/0334947, in order to detachably couple the first piston rod to the second piston rod in a way that allows for mild translational or angular misalignment (Hackett - ¶0016, ¶0019).
Regarding Claim 28: Claims 1, 6, 7 & 8 of USPN 12135048 discloses the limitations:
a pump assembly (the pump assembly is defined by the sum of its parts) comprising:
a first cylinder (hydraulic cylinder);
a first piston (hydraulic piston) disposed in the first cylinder (claim 1);
a first piston rod (rod) connected to the first piston and extending out of the first cylinder (claim 1);
a second cylinder (liquid cylinder);
a second piston (liquid piston) disposed in the second cylinder (claim 1);
a housing assembly (housing assembly) disposed between the first cylinder and the second cylinder (claim 1), the housing assembly comprising:
a first wall (claim 1);
a second wall (claim 1), the second wall spaced from the first wall to define a first opening and a second opening (claim 1);
a first cover (claim 1) removably coupled to (claim 7), at least, the first wall (claim 1) to cover the first opening (claim 1); and
a second cover (claim 1) removably coupled to (claim 7), at least, the second wall (claim 1) to cover the second opening (claim 1); and
a non-contact sensor device (= sensor device as defined in claims 1, 6, & 8) disposed on one of the first wall or the second wall (when claim 8 is read in combination with claims 1 & 6-7, it is understood to couple the sensor device on one of the first wall and the second wall – given that claim 8 requires that: the sensor device is/are directly coupled to an interior wall of the housing assembly, given how the interior wall of the housing assembly is defined in claim 8) and configured to detect a portion of the pump assembly (a portion of the pump assembly = sheath & collar; the portion is detected as recited in claim 1) and generate a sensor signal indicative of a position of the portion of the pump assembly (claim 1 & claim 6). Claims 1, 6, 7 & 8 of USPN 12135048 is silent regarding the limitations: a second piston rod connected to the second piston and extending out of the second cylinder; and [the portion of the pump assembly] having a different diameter than at least a portion of the first piston rod and at least a portion of the second piston rod. The prior art of Hackett US 2014/0334947 which is directed to a hydraulically driven piston pump (Fig 1, ¶0011-¶0012, ¶0018) like USPN 12135048, is noted.
However, Hackett US 2014/0334947 does disclose the limitations:
a pump assembly (the pump assembly is defined by the sum of its parts) comprising:
a first cylinder (Fig 1, 108, ¶0011);
a first piston 110 disposed in the first cylinder (Figs 1-2);
a first piston rod 112 connected to the first piston (Figs 1-2) and extending out of the first cylinder (Figs 1-2);
a second cylinder (Fig 1, 118, ¶0011-¶0012);
a second piston 120 disposed in the second cylinder (Figs 1-2); and
a second piston rod 122 connected to the second piston (Figs 1-2) and extending out of the second cylinder (Figs 1-3);
a housing assembly (194, Figs 2-3, ¶0017) disposed between the first cylinder and the second cylinder (Figs 2-3, ¶0017), and a portion of the pump assembly (128,192 (of 112), 192 (of 122), ¶0015-¶0016, Figs 2-3) having a different diameter (different diameter = large diameter of connector 128 illustrated in Fig 3) than at least a portion of the first piston rod (a portion of the first piston rod = reduced diameter portion defined by recess 190 formed in the first piston rod 112, as seen in Fig 3; as seen in Fig 3 the diameter of 128 is different than the reduced diameter portion defined by recess 190 formed in the first piston rod 112) and at least a portion of the second piston rod (a portion of the second piston rod = reduced diameter portion defined by recess 190 formed in the second piston rod 122, as seen in Fig 3; as seen in Fig 3 the diameter of 128 is different than the reduced diameter portion defined by recess 190 formed in the second piston rod 122).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to configure the portion of the pump assembly (sheath & collar) of USPN 12135048 so as to couple the first piston rod to a second piston rod connected to the second piston using the portion of the pump assembly (128,192 (of 112), 192 (of 122), ¶0015-¶0016, Figs 2-3) as taught by the prior art of Hackett US 2014/0334947, in order to detachably couple the first piston rod to the second piston rod in a way that allows for mild translational or angular misalignment (Hackett - ¶0016, ¶0019).
Regarding Claim 29: USPN 12135048 as modified by Hackett US 2014/0334947 does disclose the limitations: wherein the portion of the pump assembly comprises a coupling assembly that is coupled to a first end of the first piston rod (Hackett – first end of the first piston rod = end of the first piston rod 112 having recess 190 as seen in Fig 3) and a second end of the second piston rod (Hackett – second end of the second piston rod = end of the second piston rod 122 having recess 190 as seen in Fig 3; in the combination of prior art the claimed coupling assembly is formed by the combination of the portion of the pump assembly (USPN – sheath & collar | Hackett - 128,192 (of 112), 192 (of 122)), the articulated first end of the first piston rod, and the articulated second end of the second piston rod).
Regarding Claim 35: Claims 1, 6, 7 & 8 of USPN 12135048 discloses the limitations:
a pump assembly (the pump assembly is defined by the sum of its parts) comprising:
a source of hydraulic fluid (claim 1);
a hydraulic cylinder (claim 1);
a hydraulic piston (claim 1) disposed in the hydraulic cylinder (claim 1);
a hydraulic piston rod (rod) connected to the hydraulic piston and extending out of the hydraulic cylinder (claim 1);
a source of fluid (inherent source of liquid that is moved by the liquid piston in claim 1);
a fluid cylinder (liquid cylinder in claim 1);
a fluid piston (liquid piston-claim 1) disposed in the fluid cylinder (claim 1);
a housing assembly (claim 1) disposed between the hydraulic cylinder and the fluid cylinder (claim 1), the housing assembly comprising:
a first wall (claim 1);
a second wall (claim 1), the second wall spaced from the first wall to define a first opening and a second opening (claim 1);
a first cover (claim 1) removably coupled to (claim 7), at least, the first wall to cover the first opening (claim 1); and
a second cover (claim 1) removably coupled to (claim 7), at least, the second wall (claim 1) to cover the second opening (claim 1); and
a non-contact sensor device (= sensor device as defined in claims 1, 6, & 8) disposed on one of the first wall or the second wall (when claim 8 is read in combination with claims 1 & 6-7, it is understood to couple the sensor device on one of the first wall and the second wall – given that claim 8 requires that: the sensor device is/are directly coupled to an interior wall of the housing assembly, given how the interior wall of the housing assembly is defined in claim 8) and configured to detect a portion of the pump assembly (a portion of the pump assembly = sheath & collar; the portion is detected as recited in claim 1) and generate a sensor signal indicative of a position of the portion of the pump assembly (Claim 1 & 6). Claims 1, 6, 7 & 8 of USPN 12135048 is silent regarding the limitations: a fluid piston rod connected to the fluid piston and extending out of the fluid cylinder; and [the portion of the pump assembly] having a different diameter than at least a portion of the hydraulic piston rod and at least a portion of the fluid piston rod. The prior art of Hackett US 2014/0334947 which is directed to a hydraulically driven piston pump (Fig 1, ¶0011-¶0012, ¶0018) like USPN 12135048, is noted.
However, Hackett US 2014/0334947 does disclose the limitations:
a pump assembly (the pump assembly is defined by the sum of its parts) comprising:
a source of hydraulic fluid (132, Fig 1, ¶0012);
a hydraulic cylinder (Fig 1, 108, ¶0011);
a hydraulic piston 110 disposed in the hydraulic cylinder (Figs 1-2);
a hydraulic piston rod 112 connected to the hydraulic piston (Figs 1-2) and extending out of the hydraulic cylinder (Figs 1-2);
a source of fluid (102, ¶0011);
a fluid cylinder (Fig 1, 118, ¶0011-¶0012);
a fluid piston 120 disposed in the fluid cylinder (Figs 1-2); and
a fluid piston rod 122 connected to the fluid piston (Figs 1-2) and extending out of the fluid cylinder (Figs 1-3);
a housing assembly (194, Figs 2-3, ¶0017) disposed between the hydraulic cylinder and the fluid cylinder (Figs 2-3, ¶0017), and
a portion of the pump assembly (128,192 (of 112), 192 (of 122), ¶0015-¶0016, Figs 2-3) having a different diameter (different diameter = large diameter of connector 128 illustrated in Fig 3) than at least a portion of the hydraulic piston rod (a portion of the hydraulic piston rod = reduced diameter portion defined by recess 190 formed in the hydraulic piston rod 112, as seen in Fig 3; as seen in Fig 3 the diameter of 128 is different than the reduced diameter portion defined by recess 190 formed in the hydraulic piston rod 112) and at least a portion of the fluid piston rod (a portion of the fluid piston rod = reduced diameter portion defined by recess 190 formed in the fluid piston rod 122, as seen in Fig 3; as seen in Fig 3 the diameter of 128 is different than the reduced diameter portion defined by recess 190 formed in the fluid piston rod 122).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to configure the portion of the pump assembly (sheath & collar) of USPN 12135048 so as to couple the hydraulic piston rod to a fluid piston rod connected to the fluid piston using the portion of the pump assembly (128,192 (of 112), 192 (of 122), ¶0015-¶0016, Figs 2-3) as taught by the prior art of Hackett US 2014/0334947, in order to detachably couple the hydraulic piston rod to the fluid piston rod in a way that allows for mild translational or angular misalignment (Hackett - ¶0016, ¶0019).
Claims 26-27, 33-34, 36, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6-8 of U.S. Patent No. 12135048 as modified by Hackett US 2014/0334947, as applied to claims 24/31/38 above, and further in view of evidence by Luetzow USPN 5115194.
Instant Application
USPN 12135048 as modified by Hackett US 2014/0334947 – in combination with evidence by Luetzow USPN 5115194.
Claims 26, 33, & 40
See Claim 6. – USPN 12135048 as modified by Hackett US 2014/0334947 discloses the limitations of claims 24/31/38 as explained above.
Further when claim 1 & 6 of the conflicting patent are read in combination, it is understood that each of the first & second sensor devices of the sensor device (claim 6) respectively comprise a potting body containing a hermetically sealed magnet (claim 1).
Further, Column 5 Line 35-47 of USPN 12135048, defines the sensor device as being two hall sensors 204,206 when the sensor device comprises a first sensor device and a second sensor device (as defined in claim 6 of USPN 12135048).
Therefore, given the evidence of Luetzow – which teaches that when a ferrous/target material is in close proximity to the sensor device/hall sensor (e.g. curve A in Fig 9), a change in the magnetic field will occur as compared to when the ferrous/target material is NOT in close proximity to the sensor device/hall sensor (e.g. curve B in Fig 9) (Luetzow – Column 4 Line 43-66, Column 5 Line 33-42, Column 7 Line 15-59, Column 8 Line 11-12, Fig 1 and Figs 8-9).
Accordingly since each of the first & second sensor devices/hall sensors of the sensor device (claim 6) of USPN 12135048 are able to generate a corresponding sensor signal (e.g. the first sensor signal/the second sensor signal) – it is understood that each of the first & second sensor devices inherently contain a device (e.g. a first device that responds to a change in a first magnetic field generated by the first magnet / a second device that responds to a change in a second magnetic field generated by the second magnet) as claimed. And the device (i.e. hall device 16) would inherently respond to a change in a first magnetic field generated by the first magnet / respond to a change in a second magnetic field generated by the second magnet – when the ferrous/target material 24 is in close proximity to the sensor device/hall device 16 given the evidence of Luetzow (Fig 9, Column 7 Line 31-43).
Claim 27, 34, & 36
See explanation in the rejection of claims 27, 34, & 36 below.
Regarding Claims 27, 34, & 36: USPN 12135048 as modified by Hackett US 2014/0334947 and evidenced by Luetzow USPN 5115194 does disclose the limitations: wherein the coupling assembly comprises a collar (USPN – collar recited in claim 1 | Hackett - 192 (of 112), 192 (of 122)) coupled to a first end of the first piston rod (Hackett – first end of the first piston rod = end of 112 generally indicated by 190 in Fig 3; coupled as seen in Figs 2-3) and coupled to a second end of the second piston rod (Hackett – second end of the second piston rod = end of 122 generally indicated by 190 in Fig 3; coupled as seen in Figs 2-3), the collar comprising a ferrous material (USPN – as recited in claim 1 | Luetzow – steel target 24, Column 7 Line 15-43) and configured to cause the change in the first magnetic field and the change in the second magnetic field (USPN – as understood from the limitations of claim 1 & claim 6 – when the ferrous material is at the first limit position the first sensor signal is generated & when the ferrous material is at the second limit position the second sensor signal is generated – additionally given that steel is a known ferrous metal, the evidence of Luetzow Column 7 Line 15-43 – confirms that this fact pattern would inherently cause the change in the first and second magnetic fields as claimed, given the discussion of Fig 9 and loaded curve A and unloaded curve B, at Column 7 Line 31-43).
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.
Claim(s) 21-25 is/are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Zientara US 2016/0222995.
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Annotated Fig 2B of Zientara US 2016/0222995 (Attached Figure 1)
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Annotated Fig 3 of Zientara US 2016/0222995 (Attached Figure 2)
Regarding Claim 21: Zientara US 2016/0222995 discloses: A fluid delivery system comprising (the fluid delivery system is defined by the sum of its parts):
a first cylinder (see Annotated Fig 2B of Zientara US 2016/0222995 (Attached Figure 1) above, ¶0026);
a first piston (214, ¶0029) disposed in the first cylinder (Fig 2B);
a first piston rod (212, ¶0029) connected to the first piston (Fig 2B) and extending out of the first cylinder (Fig 2B);
a second cylinder (second cylinder = cylinder generally indicated by element 210 in Fig 2B);
a second piston (second piston = piston located in the articulated second cylinder in Fig 2B which is connected to the paint pump piston rod 208, ¶0029) disposed in the second cylinder (Fig 2B);
a second piston rod (208, ¶0029) connected to the second piston (Fig 2B) and extending out of the second cylinder (Fig 2B);
a housing assembly (Attached Figure 1) disposed between the first cylinder and the second cylinder (Attached Figure 1), the housing assembly comprising:
a first wall (see Annotated Fig 3 of Zientara US 2016/0222995 (Attached Figure 2) above);
a second wall (Attached Figure 2), the second wall spaced from the first wall to define a first opening (Attached Figure 2) and a second opening (Attached Figure 2);
a first cover (Attached Figure 1 & Attached Figure 2) removably coupled to, at least, the first wall to cover the first opening (as understood from Fig 1 and Attached Figure 2 the first cover 304 is connected to the structure of the housing assembly, and thus the first wall, via screws – and covers the first opening (Fig 1) therefore the first cover is removably coupled as claimed); and
a second cover (Attached Figure 2) removably coupled to, at least, the second wall to cover the second opening (as understood from Fig 1, Attached Figure 2, Attached Figure 1, and ¶0031 elements 220 and 222 are connected to the identified second cover so that elements 220 and 222 can sense the position of magnet 224 (Attached Figure 1) via the first and second opening; and the second cover is screwed to the first cover, and the first cover is connected to the structure of the housing assembly, and thus the second wall, via screws; accordingly the second cover is removably coupled as claimed & the second cover would inherently cover the second opening – at least partially – in order for element 222 to be able to sense the magnet as described in ¶0031); and
a coupling assembly (Attached Figure 1) disposed within the housing assembly (Attached Figure 1) and coupling the first piston rod to the second piston rod (as understood from Attached Figure 1 the identified coupling assembly connects the first piston rod 212 to the second piston rod 208).
Regarding Claim 22: further comprising a sensor device (i.e. elements 220,222) coupled to one of the first wall or the second wall (as understood from Fig 1, Fig 2A, and Attached Figure 2 the sensor device (220,222) is coupled to the first wall via the first cover 304 and the screw that mounts the first cover to the first wall as seen in Attached Figure 2) and configured to detect a position of the coupling assembly (¶0029,¶0030) and generate a sensor signal (sensor signal = closing the reed switch 222 or closing the reed switch 220) indicative of the position of the coupling assembly (i.e. indicative of the magnet 224 of the coupling assembly being at one of the limit positions monitored by reed switches 222,220).
Regarding Claim 23: further comprising a controller (electrical circuit (not shown) ¶0030, ¶0041-¶0043) configured generate a control signal (i.e. provided voltage or other suitable indication, ¶0030) to control movement of the first piston (i.e. reverse the stroke of the first piston via the solenoid valve ¶0030) based on the sensor signal (¶0030 – when either reed switch is closed a corresponding control signal is generated).
Regarding Claim 24: further comprising:
a first sensor device 222 coupled to one of the first wall or the second wall (as understood from Fig 1, Fig 2A, and Attached Figure 2 the first sensor device 222 is coupled to the first wall via the first cover 304 and the screw that mounts the first cover to the first wall as seen in Attached Figure 2) and configured to detect a first position of the coupling assembly (first position = upper limit position of magnet 224 of the coupling assembly) and generate a first sensor signal (first sensor signal = closing of reed switch 222, ¶0030) indictive of the first position of the coupling assembly (i.e. indicative of the magnet 224 of the coupling assembly being at the upper limit position); and
a second sensor device 220 coupled to one of the first wall or the second wall (as understood from Fig 1, Fig 2A, and Attached Figure 2 the second sensor device 220 is coupled to the first wall via the first cover 304 and the screw that mounts the first cover to the first wall as seen in Attached Figure 2) and configured to detect a second position of the coupling assembly (second position = lower limit position of magnet 224 of the coupling assembly) and generate a second sensor signal (second sensor signal = closing of reed switch 220, ¶0030) indicative of the second position of the coupling assembly (i.e. indicative of the magnet 224 of the coupling assembly being at the lower limit position).
Regarding Claim 25: further comprising a controller (electrical circuit (not shown) ¶0030, ¶0041-¶0043) configured generate a first control signal (first control signal = provided voltage or other suitable indication that is generated when reed switch 222 is closed, ¶0030) to control movement of the first piston (i.e. reverse the stroke of the first piston via the solenoid valve ¶0030) based on the first sensor signal (i.e. based on the closing of reed switch 222, ¶0030) and generate a second control signal (second control signal = provided voltage or other suitable indication that is generated when reed switch 220 is closed, ¶0030) to control the movement of the first piston (i.e. reverse the stroke of the first piston via the solenoid valve) based on the second sensor signal (i.e. based on the closing of reed switch 220).
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) 26, 28-33, and 35-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zientara US 2016/0222995. It is noted that claims 26 and 33 are rejected together.
Regarding Claim 28: Zientara US 2016/0222995 discloses: A fluid delivery system (the fluid delivery system is defined by the sum of its parts) comprising:
a pump assembly (the pump assembly is defined by the sum of its parts) comprising:
a first cylinder (see Annotated Fig 2B of Zientara US 2016/0222995 (Attached Figure 1) above, ¶0026);
a first piston (214, ¶0029) disposed in the first cylinder (Fig 2B);
a first piston rod (212, ¶0029) connected to the first piston (Fig 2B) and extending out of the first cylinder (Fig 2B);
a second cylinder (second cylinder = cylinder generally indicated by element 210 in Fig 2B);
a second piston (second piston = piston located in the articulated second cylinder in Fig 2B which is connected to the paint pump piston rod 208, ¶0029) disposed in the second cylinder (Fig 2B); and
a second piston rod (208, ¶0029) connected to the second piston (Fig 2B) and extending out of the second cylinder (Fig 2B);
a housing assembly (Attached Figure 1) disposed between the first cylinder and the second cylinder (Attached Figure 1), the housing assembly comprising:
a first wall (Attached Figure 2);
a second wall (Attached Figure 2), the second wall spaced from the first wall to define a first opening (Attached Figure 2) and a second opening (Attached Figure 2);
a first cover (Attached Figure 1 & Attached Figure 2) removably coupled to, at least, the first wall to cover the first opening (as understood from Fig 1 and Attached Figure 2 the first cover 304 is connected to the structure of the housing assembly, and thus the first wall, via screws – and covers the first opening (Fig 1) therefore the first cover is removably coupled as claimed); and
a second cover (Attached Figure 2) removably coupled to, at least, the second wall to cover the second opening (as understood from Fig 1, Attached Figure 2, Attached Figure 1, and ¶0031 elements 220 and 222 are connected to the identified second cover so that elements 220 and 222 can sense the position of magnet 224 (Attached Figure 1) via the first and second opening; and the second cover is screwed to the first cover, and the first cover is connected to the structure of the housing assembly, and thus the second wall, via screws; accordingly the second cover is removably coupled as claimed & the second cover would inherently cover the second opening – at least partially – in order for element 222 to be able to sense the magnet as described in ¶0031); and
a non-contact sensor device (220,222) configured to detect a portion of the pump assembly having a different diameter than at least a portion of the first piston rod and at least a portion of the second piston rod (a portion of the pump assembly having a different diameter = coupling assembly in Attached Figure 1; as understood from Attached Figure 1 & Attached Figure 2, the coupling assembly which includes ring shaped magnet 224 has a larger diameter than either the first piston rod 214 or the second piston rod 208) and generate a sensor signal (sensor signal = closing the reed switch 222 or closing the reed switch 220) indicative of a position of the portion of the pump assembly (i.e. indicative of the magnet 224 of the portion of the pump assembly being at one of the limit positions monitored by reed switches 222,220).
Further Regarding Claim 28: Zientara US 2016/0222995 discloses the claimed invention except for " (the non-contact sensor device being) disposed on one of the first wall or the second wall ". However this claim langue amounts to nothing more than claiming that the sensor device (220,222) is mounted on a different wall surface (e.g. an interior wall surface of the first wall of the housing assembly) that what is currently taught in the prior art of Zientara US 2016/0222995.
Hence, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have such a rearrangement of the non-contact sensor device (220,222) so that it is coupled onto an interior wall surface of the first wall of the housing assembly as a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular choice of wall of the housing assembly one chooses to mount the non-contact sensor device on is significant. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F. 2d 553, 188 USPQ 7 (CCPA 1975). MPEP 2144.04(VI)(C). Additionally, it is noted that no unexpected results are associated with the claimed choice of which wall the non-contact sensor device (204,206) is mounted to (as shown in Fig 2B) in the instant application.
Regarding Claim 29: wherein the portion of the pump assembly comprises a coupling assembly (the articulated portion of the pump assembly is a coupling assembly) that is coupled to a first end of the first piston rod (first end of the first piston rod = bottom end of first piston rod 212 in Attached Figure 1) and a second end of the second piston rod (second end of the second piston rod = top end of the second piston rod 208 in Attached Figure 1; as seen in Attached Figure 1 the coupling assembly is coupled to the first end and the second end as claimed).
Regarding Claim 30: further comprising a controller (electrical circuit (not shown) ¶0030, ¶0041-¶0043) configured generate a control signal (i.e. provided voltage or other suitable indication, ¶0030) to control movement of the first piston (i.e. reverse the stroke of the first piston via the solenoid valve ¶0030) based on the sensor signal (¶0030 – when either reed switch is closed a corresponding control signal is generated).
Regarding Claim 31: wherein the non-contact sensor device (220,222) comprises a first non-contact sensor device 222 coupled to one of the first wall or the second wall (in the rejection of claim 28 the non-contact sensor device is placed on the first wall; thus the first non-contact sensor device 222 would be coupled to the first wall) and configured to detect a first position of the portion of the pump assembly (first position = upper limit position of magnet 224 of the portion of the pump assembly) and generate a first sensor signal (first sensor signal = closing of reed switch 222, ¶0030) indictive of the first position of the portion of the pump assembly (i.e. indicative of the magnet 224 of the portion of the pump assembly being at the upper limit position), the fluid delivery system further comprising:
a second non-contact sensor device 222 coupled to one of the first wall or the second wall (in the rejection of claim 28 the non-contact sensor device is placed on the first wall; thus the second non-contact sensor device 222 would be coupled to the first wall) and configured to detect a second position of the portion of the pump assembly (second position = lower limit position of magnet 224 of the portion of the pump assembly) and generate a second sensor signal (second sensor signal = closing of reed switch 220, ¶0030) indicative of the second position of the portion of the pump assembly (i.e. indicative of the magnet 224 of the portion of the pump assembly being at the lower limit position).
Regarding Claim 32: further comprising a controller (electrical circuit (not shown) ¶0030, ¶0041-¶0043) configured generate a first control signal (first control signal = provided voltage or other suitable indication that is generated when reed switch 222 is closed, ¶0030) to control movement of the first piston (i.e. reverse the stroke of the first piston via the solenoid valve ¶0030) based on the first sensor signal (i.e. based on the closing of reed switch 222, ¶0030) and generate a second control signal (second control signal = provided voltage or other suitable indication that is generated when reed switch 220 is closed, ¶0030) to control the movement of the first piston (i.e. reverse the stroke of the first piston via the solenoid valve) based on the second sensor signal (i.e. based on the closing of reed switch 220).
Regarding Claims 26 & 33: Zientara US 2016/0222995 discloses in the above mentioned Figures and Specifications the limitations set forth in claims 24 & 31. Additionally, in the art of Zientara US 2016/0222995, the reed switches (i.e. the first sensor device / first non-contact sensor device & the second sensor device / second non-contact sensor device) generate a signal (i.e. the first sensor signal & the second sensor signal) when the magnet 224 of the coupling assembly/portion of the pump assembly is close to the respective sensing device. Additionally, while the reed switches are not hall effect sensors, Zientara US 2016/0222995 suggests replacing the reed switches with hall effect sensors in ¶0027. And specifically states that the hall effect sensors would each include a magnet and a sensor, and would be hermetically sealed or enclosed. And the sensor varies its output voltage in response to an applied magnetic field produced by the magnet.
Accordingly, ¶0027 of Zientara US 2016/0222995 discloses the limitations:
Claim 26: wherein the first sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet (as explained above when the first reed switch is replaced with a hall-effect sensor, the hall effect sensor has a magnet in it, and a sensor that varies its output in response to an applied magnetic field produced by the magnet; the first potting body being the structure that hermetically seals the hall effect sensor system) and wherein the second sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the second magnet (as explained above when the second reed switch is replaced with a hall effect sensor, the hall effect sensor has a magnet in it, and a sensor that varies its output in response to an applied magnetic field produced by the magnet; the second potting body being the structure that hermetically seals the hall effect sensor system).
Claim 33: wherein the first non-contact sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet (as explained above when the first reed switch is replaced with a hall-effect sensor, the hall effect sensor has a magnet in it, and a sensor that varies its output in response to an applied magnetic field produced by the magnet; the first potting body being the structure that hermetically seals the hall effect sensor system) and wherein the second non-contact sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the second magnet (as explained above when the second reed switch is replaced with a hall effect sensor, the hall effect sensor has a magnet in it, and a sensor that varies its output in response to an applied magnetic field produced by the magnet; the second potting body being the structure that hermetically seals the hall effect sensor system).
Hence it would have been obvious to one of ordinary skill in the art to make the simple substitution of:
the reed switches (i.e. the first sensor device & the second sensor device / the first non-contact sensor device & the second non-contact sensor device) in the system of Figs 1-3 of Zientara US 2016/0222995
with the prior art elements of:
the hermetically sealed hall-effect sensors taught in ¶0027 of Zientara US 2016/0222995
in order to obtain the predictable results of:
reliability sensing the end of stroke position of the pumping device and enable the solenoid valve to alternate the flow of the hydraulic fluid (¶0027) as taught by Zientara US 2016/0222995.
Since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded no more than the predictable results of reliability sensing the end of stroke position of the pumping device and enable the solenoid valve to alternate the flow of the hydraulic fluid as taught by Zientara US 2016/0222995 (¶0027).
Regarding Claim 35: A fluid delivery system (the fluid delivery system is defined by the sum of its parts) comprising:
a pump assembly (the pump assembly is defined by the sum of its parts) comprising:
a source of hydraulic fluid (502 – Fig 7; Fig 7 depicts the hydraulic circuit for the embodiments of the disclosure including the embodiment of Figs 1-3, ¶0041);
a hydraulic cylinder (Attached Figure 1,514, ¶0026, ¶0041);
a hydraulic piston (214, ¶0029) disposed in the hydraulic cylinder (Fig 2B);
a hydraulic piston rod (212, ¶0029) connected to the hydraulic piston (see Fig 2B) and extending out of the hydraulic cylinder (Fig 2B);
a source of fluid (516 – Fig 7; Fig 7 depicts the paint circuit for the embodiments of the disclosure including the embodiment of Figs 1-3, ¶0041);
a fluid cylinder (fluid cylinder = cylinder generally indicated by element 210 in Fig 2B, 514, ¶0041);
a fluid piston (fluid piston = piston located in the articulated second cylinder in Fig 2B which is connected to the paint pump piston rod 208, ¶0029) disposed in the fluid cylinder (Fig 2B); and
a fluid piston rod (208, ¶0029) connected to the fluid piston (Fig 2B) and extending out of the fluid cylinder (Fig 2B);
a housing assembly (Attached Figure 1) disposed between the hydraulic cylinder and the fluid cylinder (Attached Figure 1), the housing assembly comprising:
a first wall (Attached Figure 2);
a second wall (Attached Figure 2), the second wall spaced from the first wall (Attached Figure 2) to define a first opening (Attached Figure 2) and a second opening (Attached Figure 2);
a first cover (Attached Figure 1 & Attached Figure 2) removably coupled to, at least, the first wall to cover the first opening (as understood from Fig 1 and Attached Figure 2 the first cover 304 is connected to the structure of the housing assembly, and thus the first wall, via screws – and covers the first opening (Fig 1) therefore the first cover is removably coupled as claimed); and
a second cover (Attached Figure 2) removably coupled to, at least, the second wall to cover the second opening (as understood from Fig 1, Attached Figure 2, Attached Figure 1, and ¶0031 elements 220 and 222 are connected to the identified second cover so that elements 220 and 222 can sense the position of magnet 224 (Attached Figure 1) via the first and second opening; and the second cover is screwed to the first cover, and the first cover is connected to the structure of the housing assembly, and thus the second wall, via screws; accordingly the second cover is removably coupled as claimed & the second cover would inherently cover the second opening – at least partially – in order for element 222 to be able to sense the magnet as described in ¶0031); and
a non-contact sensor device (220,222) configured to detect a portion of the pump assembly having a different diameter than at least a portion of the hydraulic piston rod and at least a portion of the fluid piston rod (a portion of the pump assembly having a different diameter = coupling assembly in Attached Figure 1; as understood from Attached Figure 1 & Attached Figure 2, the coupling assembly which includes ring shaped magnet 224 has a larger diameter than either the first piston rod 214 or the second piston rod 208) and generate a sensor signal (sensor signal = closing the reed switch 222 or closing the reed switch 220) indicative of a position of the portion of the pump assembly (i.e. indicative of the magnet 224 of the portion of the pump assembly being at one of the limit positions monitored by reed switches 222,220).
Further Regarding Claim 35: Zientara US 2016/0222995 discloses the claimed invention except for " (the non-contact sensor device being) disposed on one of the first wall or the second wall ". However this claim langue amounts to nothing more than claiming that the sensor device (220,222) is mounted on a different wall surface (e.g. an interior wall surface of the first wall of the housing assembly) that what is currently taught in the prior art of Zientara US 2016/0222995.
Hence, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have such a rearrangement of the non-contact sensor device (220,222) so that it is coupled onto an interior wall surface of the first wall of the housing assembly as a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular choice of wall of the housing assembly one chooses to mount the non-contact sensor device on is significant. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F. 2d 553, 188 USPQ 7 (CCPA 1975). MPEP 2144.04(VI)(C). Additionally, it is noted that no unexpected results are associated with the claimed choice of which wall the non-contact sensor device (204,206) is mounted to (as shown in Fig 2B) in the instant application.
Regarding Claim 36: wherein the portion of the pump assembly comprises a coupling assembly (the articulated portion of the pump assembly is a coupling assembly) that is coupled to a first end of the hydraulic piston rod (first end of the hydraulic piston rod = bottom end of 212 in Attached Figure 1) and a second end of the fluid piston rod (second end of the fluid piston rod = top end of 208 in Attached Figure 1 – as seen in Attached Figure 1 the coupling assembly is attached to the first end and the second end as claimed).
Regarding Claim 37: further comprising:
a valve 506; and
a controller (electrical circuit (not shown) ¶0030, ¶0041-¶0043) configured to control the valve (¶0030-¶0031, ¶0041-¶0043) to control a flow of hydraulic fluid from the source of hydraulic fluid to the hydraulic cylinder based on the sensor signal (¶0030-¶0031, ¶0041-¶0043).
Regarding Claim 38: wherein the non-contact sensor device (220,222) comprises a first non-contact sensor device 222 coupled to one of the first wall or the second wall (in the rejection of claim 35 the non-contact sensor device (220,222) is placed on the first wall, thus the first non-contact sensor device 222 would be coupled to the first wall) and configured to detect a first position of the portion of the pump assembly (first position = upper limit position of magnet 224 of the portion of the pump assembly) and generate a first sensor signal (first sensor signal = closing of reed switch 222, ¶0030) indictive of the first position of the portion of the pump assembly (i.e. indicative of the magnet 224 of the portion of the pump assembly being at the upper limit position), the fluid delivery system further comprising:
a second non-contact sensor device 222 coupled to one of the first wall or the second wall (in the rejection of claim 35 the non-contact sensor device (220,222) is placed on the first wall, thus the second non-contact sensor device would be coupled to the first wall) and configured to detect a second position of the portion of the pump assembly (second position = lower limit position of magnet 224 of the portion of the pump assembly) and generate a second sensor signal (second sensor signal = closing of reed switch 220, ¶0030) indicative of the second position of the portion of the pump assembly (i.e. indicative of the magnet 224 of the portion of the pump assembly being at the lower limit position).
Regarding Claim 39: further comprising:
a valve 506; and
a controller (electrical circuit (not shown) ¶0030, ¶0041-¶0043) configured generate a first control signal (first control signal = provided voltage or other suitable indication that is generated when reed switch 222 is closed, ¶0030) to control the valve (¶0030-¶0031, ¶0041-¶0043) based on the first sensor signal (i.e. based on the closing of reed switch 222, ¶0030) and generate a second control signal (second control signal = provided voltage or other suitable indication that is generated when reed switch 220 is closed, ¶0030) to control the valve based on the second sensor signal (i.e. based on the closing of reed switch 220).
Claim(s) 27 | 34 | 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zientara US 2016/0222995 as applied to claim 26 | 33 | 38 above, and further in view of Luetzow USPN 5115194.
Regarding Claims 27, 34, and 40: Zientara US 2016/0222995 discloses in the above mentioned Figures and Specifications the limitations set forth in claim 26 | 33 | 38. Additionally, with respect to claim 40, ¶0027 of Zientara US 2016/0222995 also makes obvious the features: wherein the first non-contact sensor device comprises a first potting body that hermetically seals a first magnet therein and a first device that responds to a change in a first magnetic field generated by the first magnet, wherein the second non-contact sensor device comprises a second potting body that hermetically seals a second magnet therein and a second device that responds to a change in a second magnetic field generated by the second magnet – in the same manner as explained above in the rejection of claims 26 & 33.
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Annotated Fig 2B of Zientara US 2016/0222995 (Attached Figure 3)
Further Regarding Claim 27: Zientara US 2016/0222995 discloses the limations: wherein the coupling assembly comprises a collar (see Annotated Fig 2B of Zientara US 2016/0222995 (Attached Figure 3) above and Attached Figure 1) coupled to a first end of the first piston rod (Attached Figure 1) and coupled to a second end of the second piston rod (Attached Figure 1).
Additionally, Regarding Claims 27, 34, and 40: Zientara US 2016/0222995 is silent regarding the limitations: wherein the collar/the portion of the pump assembly comprises a ferrous material and is configured to cause the change in the first magnetic field and the change in the second magnetic field. The prior art of Luetzow USPN 5115194 which is directed to a hall effect sensor like the hall effect sensors of Zientara US 2016/0222995, is noted.
However, Luetzow USPN 5115194 discloses the limitations:
a ferrous target (24, Column 7 Line 15-43, Abstract)
a sensor device (10; 12,14,16,18) comprising a hall effect position sensor 10 including a pole piece 12, a magnet 14, hall effect device 16, and circuit board 18; the sensor device comprising a potting body (i.e. body of sensor 10 - Figure 1, that is potted, Column 8 Line 11-12) that hermetically seals a magnet therein (it is noted that after being encapsulated/potted within the structure of sensor 10 the magnet 14 would be hermetically sealed within the material encapsulating the sensor 10, Figure 1, Column 8 Line 11-12), and the sensor device is configured to generate a sensor signal indicative of a sensed position of the ferrous target (e.g. a cold rolled steel pole piece) and to generate a sensor signal indicative thereof (when the ferrous target is near the sensor device (when the target is in the loaded position near sensor 10), the magnetic flux is increased above the operate point of the hall effect device and the hall effect sensor is turned on (Abstract, Column 7 Line 15-43), and when the gap between the hall effect device 16 and the ferrous target is increased the flux intensity of the sensor falls below the release point of hall effect device (Abstract) and the hall device is deactivated (e.g. turned off), accordingly the on and off signals generated by the sensor device in response to the position (i.e. a sensed position) of the ferrous target correspond to the generated “sensor signal” being claimed).
Hence it would have been obvious, to one of ordinary skill in the art before the effective filing date of the claimed invention, to replace the material of collar 224 of Zientara US 2016/0222995 with the material of the ferrous steel target (Column 7 Line 33-36) of Luetzow USPN 5115194, and replace the hall effect sensors of Zientara US 2016/0222995 with the hall effect position sensor (10; 12,14,16,18) structure of Luetzow USPN 5115194, in order to provide accurate low cost position sensors which are turned on when the target device is near the center of flange plate 12b of the sensor (Abstract - Luetzow, Column 7 Line 31-43, Column 7 Line 22-30).
Examiner's Note: The Examiner respectfully requests of the Applicant in preparing responses, to fully consider the entirety of the references as potentially teaching all or part of the claimed invention.
It is noted, REFERENCES ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN. “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments (see MPEP § 2123).
Additionally the origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention, as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). (See MPEP § 2125).
The Examiner has cited particular locations in the reference(s) as applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claims, typically other passages and figures will apply as well.
Furthermore: with respect to the prior art and the determination of obviousness, it has been held that Prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. The "mere existence of differences (i.e. a gap) between the prior art and an invention DOES NOT ESTABLISH the inventions nonobviousness." Dann v. Johnston, 425 U.S. 219, 230, 189 USPQ 257, 261 (1976). Rather, in determining obviousness the proper analysis is whether the claimed invention would have been obvious to one of ordinary skill in the art after consideration of all the facts. And factors other than the disclosures of the cited prior art may provide a basis for concluding that it would have been obvious to one of ordinary skill in the art to bridge the gap. (See MPEP § 2141).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Estelle US 2014/0138399 – discloses an arrangement where hall effect sensors 80,82 are located externally of housing structure located between the hydraulic cylinder and the fluid cylinder.
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/JOSEPH S. HERRMANN/ Examiner, Art Unit 3746
/ESSAMA OMGBA/ Supervisory Patent Examiner, Art Unit 3746
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