Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Claim 9 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “about” in claim 9 is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 1-2 and 4-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okada Junichi (EP 3,770,339 A1) hereinafter OKADA.
Regarding Claim 1 OKADA teaches a mobile hydraulic working machine, comprising: an upper structure (3); a lower structure (1); a boom assembly (4) with an arm (5), an attachment (6) connected to the arm (5) , and a hydraulic system to move the boom assembly (4) and the attachment (6); wherein the hydraulic system includes at least one hydraulic pump (14) and a valve block (17) to regulate flow through at least one hydraulic line (Fig 10) connecting a hydraulic consumer (7) to the at least one hydraulic pump (14) to actuate the hydraulic consumer (7) (Fig 10-11); the at least one hydraulic line (Fig 10) is connected to at least one emergency stop valve (40) structured to close the hydraulic line (Fig 10) in an emergency )(Fig 1, par.0109,0143); the at least one emergency stop valve (40) being arranged in the hydraulic line (Fig 10) in a region of the boom assembly (4) and/or in the upper structure (3) on a flow side of the valve block (17) remote from the pump (14) (Fig 1-2, and 10).
Regarding Claim 2 OKADA teaches wherein the at least one hydraulic line (Fig 10) is defined by channels (flow passages), and the emergency stop valve (40) is located in the protected region (protected by external cover of excavator seen in Fig 1).
Regarding Claim 4 OKADA teaches wherein the at least one emergency stop valve (40) is an electronically controlled solenoid valve (Fig 11, par.0140).
Regarding Claims 5 and 11 OKADA teaches wherein the at least one emergency stop valve (40) is a 2-way valve (42) and the hydraulic system includes at least one return line (Fig 10) which connects the at least one emergency stop valve (40) to a hydraulic oil tank (T) from which the hydraulic system is fed by the hydraulic pump (14) (Fig 10).
Regarding Claim 6 OKADA teaches wherein the mobile hydraulic working machine includes an emergency stop actuator (26A) which communicates with the at least one emergency stop valve (40) and is operable to close when the at least one emergency stop valve (40) is actuated (Fig 10).
Regarding Claim 7 OKADA teaches wherein the emergency stop actuator (26A) is being located in a driver's cab of the mobile hydraulic working machine (Fig 1).
Regarding Claim 8 OKADA teaches wherein the at least one hydraulic line (Fig 10) is connected to at least one sensor (34A1, 34A2) to detect a leakage in the at least one hydraulic line (Fig 10), the at least one sensor (34A1, 34A2) being capable of communicating with the at least one emergency stop valve (40) (Fig 10).
Regarding Claim 9 OKADA teaches wherein the mobile hydraulic working machine (Fig 1) is a long-boom excavator having a reach height in a range from about 15m to about 40m (Fig 1).
Regarding Claims 10 OKADA teaches a method for controlling a mobile hydraulic working machine including an upper structure (3), a lower structure (1), a boom assembly (4) with an arm (5), an attachment (6) connected to the arm (5) and a hydraulic system to move the boom assembly (4) and the attachment (6), the hydraulic system including at least one hydraulic pump (14) and a valve block (7) at least one hydraulic line (Fig 10) connecting a hydraulic consumer (7) to the hydraulic pump (14), the valve block (17) being connected to the at least one hydraulic line (Fig 10), the method comprising: detecting a leakage in the at least one hydraulic line (Fig 10) between the hydraulic consumer (7) and the valve block (7) using sensors (34) (par.0109, 0143); and switching at least one emergency stop valve (40) located in a region of the boom assembly (4) and/or in the upper structure (3) on a flow side of the valve block (17) remote from the pump (14) in the at least one hydraulic line (Fig 10) to shut off the at least one hydraulic line (Fig 1 and 10).
Regarding Claims 12 OKADA teaches further comprising actuating the valve block (17) and shutting off the at least one hydraulic line (Fig 10) after a predetermined time delay (Fig 1-10).
Regarding Claims 13 OKADA teaches wherein the detecting includes sighting by a sensor (34) in the hydraulic line (Fig 10).
Regarding Claims 14 OKADA teaches wherein the mobile hydraulic construction machine includes an emergency stop actuator (26Aa) communicating with the at least one emergency stop valve (40), the method further comprising: manually actuating the emergency stop device (26A).
Allowable subject matter
Claim 3 would be allowable if rewritten to include all the limitations of the base claims and all the intervening claims.
Conclusion
Prior art made of record not relied up on is pertinent to applicant’s disclosure Glatz (DE 102008024982 A1) teaches excavator stop valve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIY TEKA whose telephone number is (571)272-9804. The examiner can normally be reached M-F 11-9 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABIY TEKA/ Primary Examiner, Art Unit 3745
Prosecution Insights