DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant's submission filed on 12/08/2025 has been entered. Claims 1-5 and 9-14 remain(s) pending in the application. Applicant's amendments to the Claims are responsive to the rejections previously set forth in the Final Office Action mailed 09/15/2025, hereinafter NFOA.
Response to Arguments
Applicant’s arguments, dated 11/14/2025, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 as being unpatentable over Muehlbauer; Florian et al. US 20210025374 A1, hereinafter Muehlbauer, in view of Huang; He et al. US 20220091188 A1, hereinafter Huang, have been fully considered and are persuasive. Specifically, the argument that the modified device of Muehlbauer/Huang, specifically Huang, fails to disclose the newly added claim language “the artificial neural network comprises at least one output parameter, wherein the at least one output parameter is a prediction of the outlet pressure or a prediction of an outlet volume flow of the adjustable hydraulic pump system”, is accurate. Therefore, the rejection has been withdrawn. However, upon further consideration, a new rejection is made in view of Kirch; Paul US 20210227627 A1.
Claim Interpretation
Claim 1 Ln 12-13 states “an overall dynamic of the adjustable hydraulic pump system”. The applicant’s specification does not provide a definition of the term “overall dynamic”. Therefore, under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. Therefore, due to the lack of the definition of the term, the word “overall” must be given its plain meaning. Overall, as defined by dictionary.com, means to cover or include everything. As applied to the current application, overall would thereby necessitate the inclusion or accounting of the entire adjustable hydraulic pump system. The applicant discloses in [0014] “the dynamics of the adjustable hydraulic pump system means a computer-based model of the dynamic behavior of the adjustable hydraulic pump system”. [0014] further describes the computer based model as incorporating “measurement data… which correlate parameters of components… to… the fluid parameter detected by the first fluid sensor”. Stated another way, dynamics has been interpreted to mean measurement data correlated with parameters of components.
Claim 14 Ln 2-3 states “a soft sensor volume flow determination is implemented in the control unit”. Claims must be given their broadest reasonable interpretation in light of the specification. The soft sensor volume flow determination is a ‘component’ of the electronic control unit. The specification [0033] states that the soft sensor volume flow determination is essentially a method/equation set that calculates the pump output flow. Specifically, the determination has inputs such as measured pressure values and measured displacement angle/control piston position and uses these parameters to calculate a pump output flow. Therefore, the term “soft sensor volume flow determination” has been interpreted as a portion of the electronic control unit configured to calculate a pump output flow based upon measured input parameters.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(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.
Claim 2 is 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 pre-AIA the applicant regards as the invention.
Claim 2 Ln 2 states the limitation "the fluid parameter is the outlet pressure or the outlet volume flow”. It is unclear if the outlet pressure is referring to the outlet pressure of claim 1 Ln 7 or the ‘prediction of the outlet pressure’ of claim 1 ln 20. It is further unclear how the outlet pressure or the outlet volume flow may be associated with the at least one output parameter of the artificial neural network (Claim 1 Ln 19) and the sensor detected fluid parameter (Claim 1 Ln 9). Therefore, the scope of the claim is indeterminate. It appears that claim 2 is attempting to further limit the sensor detected actual value of a fluid parameter such that it may only be an outlet pressure of the pump system or an outlet volume flow of the pump system. In line with this reasoning, the following claim language is proposed to draw a distinction between the ‘fluid parameter’ (Claim 1 Ln 9) and the ‘output parameter’ (Claim 1 Ln 19).
Claim 1 Ln 20-21 has been interpreted as: --wherein the at least one output parameter is a predicted outlet pressure or a predicted outlet volume flow of the adjustable hydraulic pump system--.
Claim 2 Ln 20-21 has been interpreted as: --wherein the fluid parameter is the outlet pressure or [[the]] an outlet volume flow of the adjustable hydraulic pump system--.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-3, 5 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Muehlbauer; Florian et al. US 20210025374 A1, hereinafter Muehlbauer, in view of Kirch; Paul US 20210227627 A1, hereinafter Kirch. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (hydraulic pumps); or the references is/are reasonably pertinent to the problem faced by the inventor (electronic control/neural network). MPEP2141.01(a) I.
Regarding claim 1, Muehlbauer discloses (Fig. 1) an electrohydraulic control device for an adjustable hydraulic pump system, comprising:
a valve device (14);
an electronic control unit (20); and
at least one first fluid sensor (50),
wherein the valve device comprises a pressure inlet (P), a tank outlet (T) and a first electromagnetically actuated valve (14), and an outlet pressure of the adjustable hydraulic pump system is applied to the pressure inlet of the valve device (the pressure outlet from the pump is applied to (P) via line (28)),
wherein the first fluid sensor detects the actual value of a fluid parameter (“pressure”) of the adjustable hydraulic pump system and transmits the actual value of the fluid parameter to the electronic control unit [0036],
wherein the electronic control unit
comprises a computer-based modeling of an overall dynamic of the adjustable hydraulic pump system (Fig. 2, [0039-0040] discloses computer based modeling within (20) whereby the calculated signal value for actuating the first valve is determined and output for actuating the first valve) and
actuates the first electromagnetically actuated valve based on the actual value of the fluid parameter and the computer-based modeling ([0034] discloses the controller actuating the valve, [0039-0040] discloses how the output/controlling signal (18) is calculated within the control unit based upon the fluid parameter).
Muehlbauer fails to explicitly state that the computer-based modeling of the adjustable hydraulic pump system further comprises an artificial neural network which is fed with training data comprising measurement data and/ or simulation data.
Kirch discloses (Fig. 1, 2) a control device for an adjustable hydraulic pump system (121/100) comprising:
an electronic control unit (180/190 [0026]); and
at least one first sensor (“sensor” [0022]),
wherein the first sensor detects the actual value of a parameter of the adjustable hydraulic pump system and transmits the actual value of the fluid parameter to the electronic control unit ([0030] states that an actual parameter such as “a flow rate, a fluid temperature, a fluid pressure, a fluid resistivity measurement, or the like… a discharge pressure of the fluid at a pump outlet and a suction pressure of the fluid at the pump inlet. In some embodiments, a plurality of measurement types may be measured concurrently. For example, a computing device of a fluid distribution network may obtain a discharge pressure, a fluid temperature, and a resistivity measurement” is measured and sent to the control unit),
wherein the electronic control unit comprises a computer-based modeling of an overall dynamic of the adjustable hydraulic pump system which comprises an artificial neural network which is fed with training data comprising measurement data and/ or simulation data [0053],
the artificial neural network comprises at least one output parameter, wherein the at least one output parameter is a predicted outlet pressure or a predicted outlet volume flow of the adjustable hydraulic pump system ([0054] “a fluid flow rate in the fluid distribution network may be predicted”).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Muehlbauer, by further comprising the computer-based modeling of an overall dynamic of the adjustable hydraulic pump system with an artificial neural network which is fed with training data comprising measurement data and/ or simulation data, as taught by Kirch, for the purpose of predicting a particular performance variable of the machine.
Regarding claim 2, as far as is determinate, Muehlbauer discloses (Fig. 1) the fluid parameter is the output pressure or an outlet volume flow of the adjustable hydraulic pump system ([0036] states output pressure, [0039] states output volume flow may also be measured).
Regarding claim 3, Muehlbauer discloses (Fig. 1) the first electromagnetically actuated valve (14) is a first proportional valve ([0034] states proportional) or a first switching valve.
Regarding claim 5, Muehlbauer discloses (Fig. 1) the valve device (14) further comprises a control outlet (A) connected to an actuator (34) of the adjustable hydraulic pump system, wherein a first hydraulic connection is formed between the pressure inlet and the control outlet (depicted left valve position), and a second hydraulic connection is formed between the control outlet and the tank outlet (depicted right valve position).
Regarding claim 11, Muehlbauer discloses (Fig. 1) the electrohydraulic control device further comprises an actuating angle sensor (38, [0035]).
Regarding claim 12, Kirch further discloses wherein the computer- based modeling comprises drive dynamics of a hydraulic pump of the adjustable hydraulic pump system ([0030] states drive dynamics such as “a flow rate, a fluid temperature, a fluid pressure, a fluid resistivity measurement, or the like… a discharge pressure of the fluid at a pump outlet and a suction pressure of the fluid at the pump inlet. In some embodiments, a plurality of measurement types may be measured concurrently. For example, a computing device of a fluid distribution network may obtain a discharge pressure, a fluid temperature, and a resistivity measurement” may be inputs to the artificial neural network/computer-based modeling).
Regarding claim 13, Muehlbauer discloses (Fig. 1) an adjustable hydraulic pump system (1) comprising an electrohydraulic control device according to claim 1 (as depicted, system (1) comprises the components described above according to claim 1).
Regarding claim 14, Muehlbauer discloses (Fig. 1) the adjustable hydraulic pump system comprises an adjustable pump (2) with a control piston (36) and a soft sensor volume flow determination is implemented in the control unit (20, as stated above regarding the claim interpretation, the “soft sensor volume flow determination” has been interpreted as a portion of the electronic control unit configured to calculate a pump output flow based upon measured input parameters; [0038-0040] states that (20) has as portions (such as (64, 86)) that has measured inputs (such as (40) actual delivery volume (swashplate swivel angle)), [0038] states the pump output flow is proportional to the position of the swashplate, [0003] states pump output flow (volumetric flow of the variable-displacement pump) are calculated from the swivel angle of the swashplate).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Muehlbauer in view of Kirch, as disclosed above for claim 1, and in further view of Gruber; Manuel et al. US 20210123540 A1, hereinafter Gruber. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (hydraulic control circuits); or the references is/are reasonably pertinent to the problem faced by the inventor (sensing pressure in hydraulic circuits). MPEP2141.01(a) I.
Regarding claim 4, Muehlbauer discloses the claimed invention substantially as claimed, as set forth above for Claim 1 except fails to explicitly state that the first fluid sensor is integrated in the first electromagnetically actuated valve. Instead, Muehlbauer discloses the first fluid sensor as not integrated in the first electromagnetically actuated valve.
Gruber discloses a valve device used in a hydraulic system ([0008] “A valve used in a hydraulic system”) comprising an electromagnetically actuated valve ([0008] “A valve used in a hydraulic system has an electromagnet 270, with the aid of which the valve is actuated, that is to say consequently opened or closed. For this purpose, a coil of the electromagnet 270 is fed a corresponding current I. The fed current I gives rise to a force in the valve”), and a first fluid sensor (“pressure sensor” [0009]);
wherein the first fluid sensor is integrated in the first electromagnetically actuated valve ([0009] states the sensor is integrated into the valve and has a communication interface for communication with external control/components).
One of ordinary skill in the art could have applied the known technique (integrating the first fluid sensor in the first electromagnetically actuated valve) of Gruber in the same way to the device of Muehlbauer and the result (sensing the pump outlet pressure) would have been predictable to one of ordinary skill in the art.
It would have been obvious to one of ordinary skill in the art to provide the first fluid sensor is integrated in the first electromagnetically actuated valve in the device of Muehlbauer to sense the pump outlet pressure as taught by Gruber as this is a known technique amongst similar devices.
To further clarify the modification, Gruber teaches it is a known technique to integrate a fluid sensor, specifically a pressure sensor, into a valve and that the sensor may communicate externally of the valve. Applied to Muehlbauer, the sensor (50) is integrated into valve (14) and communicates via a wired interface with the controller (20).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Muehlbauer in view of Kirch, as disclosed above for claim 5, and in further view of Chen; Dayao et al. US 11052881 B1, hereinafter Chen. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (hydraulic control circuits); or the references is/are reasonably pertinent to the problem faced by the inventor (valving control for variable displacement pump actuators). MPEP2141.01(a) I.
Regarding claim 9, Muehlbauer discloses the claimed invention substantially as claimed, as set forth above for Claim 5 except fails to explicitly state that the valve device further comprises a hydraulic resistor, wherein the first electromagnetically actuated valve is disposed in the first hydraulic connection and the hydraulic resistor is disposed in the second hydraulic connection.
Chen discloses (Fig. 2) an electrohydraulic control device for an adjustable hydraulic pump system, comprising:
a valve device (34);
an electronic control unit (54);
wherein the valve device comprises a pressure inlet (P1), a tank outlet (T) and a first electromagnetically actuated valve (50), and an outlet pressure of the adjustable hydraulic pump system is applied to the pressure inlet of the valve device (the pressure outlet from the pump is applied to (P1) via line (44)),
wherein the valve device further comprises a control outlet (52) connected to an actuator (46) of the adjustable hydraulic pump system, wherein a first hydraulic connection (through valve (50)) is formed between the pressure inlet (P1) and the control outlet (52), and a second hydraulic connection (through valve (74)) is formed between the control outlet (52) and a tank outlet (T),
wherein the valve device further comprises a hydraulic resistor (74), wherein the first electromagnetically actuated valve (50) is disposed in the first hydraulic connection (through valve (50)) and the hydraulic resistor (74) is disposed in the second hydraulic connection (through valve (74)).
One of ordinary skill in the art could have substituted one known element (valve device) for another, and the result of the substitution (controlling the application of pressure to the actuator of the adjustable hydraulic pump system) would have been predictable.
Because both Muehlbauer and Chen teach electrohydraulic control devices, it would have been obvious to one skilled in the art to substitute one valve device for the other to achieve the predictable result of controlling the application of pressure to the actuator of the adjustable hydraulic pump system.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Muehlbauer in view of Kirch, as disclosed above for claim 5, and in further view of Quinnell; Corey K. et al. US 20120233996 A1, hereinafter Quinnell. The references is/are considered analogous art to the claimed invention because the references is/are from the same field of endeavor as the claimed invention (hydraulic control circuits); or the references is/are reasonably pertinent to the problem faced by the inventor (valving control for variable displacement pump actuators). MPEP2141.01(a) I.
Regarding claim 10, Muehlbauer discloses the claimed invention substantially as claimed, as set forth above for Claim 5 except fails to explicitly state that the valve device further comprises a hydraulic resistor, wherein the hydraulic resistor is disposed in the first hydraulic connection and the first electromagnetically actuated valve is disposed in the second hydraulic connection.
Quinnell discloses (Fig. 2, see below for annotated Fig. 2) an electrohydraulic control device for an adjustable hydraulic pump system, comprising:
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540
410
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(Annotated Fig. 2)
a valve device (301);
an electronic control unit (57);
wherein the valve device comprises a pressure inlet (307), a tank outlet (309) and a first electromagnetically actuated valve (38),
wherein the valve device further comprises a control outlet (305) connected to an actuator (39) of the adjustable hydraulic pump system, wherein a first hydraulic connection (through valve (303)) is formed between the pressure inlet (307) and the control outlet (305), and a second hydraulic connection (through valve (38)) is formed between the control outlet (305) and a tank outlet (309),
wherein the valve device further comprises a hydraulic resistor (303), wherein the hydraulic resistor is disposed in the first hydraulic connection (through valve (303)) and the first electromagnetically actuated valve(38) is disposed in the second hydraulic connection (through valve (38)).
One of ordinary skill in the art could have substituted one known element (valve device) for another, and the result of the substitution (controlling the application of pressure to the actuator of the adjustable hydraulic pump system) would have been predictable.
Because both Muehlbauer and Quinnell teach electrohydraulic control devices, it would have been obvious to one skilled in the art to substitute one valve device for the other to achieve the predictable result of controlling the application of pressure to the actuator of the adjustable hydraulic pump system.
Conclusion
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/MATTHEW WIBLIN/ Examiner, Art Unit 3745