DETAILED ACTION
Allowable Subject Matter
Claim 9, 12, 13, and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 .
Information Disclosure Statement
The information disclosure statements filed on 12/3/2024 and 12/3/2024 are acknowledged by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Thermally Actuated By-Pass Valve for Hydraulic Actuation System
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 1-18 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.
Claim 1 line 9 recites “the bypass valve has material defining a port”. It is unclear how the material defines a port.
Claims 2-18 are rejected based on their dependency on Claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1, 2, 4, 12, and 15-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lu et al. CN 113833707A (“Lu”).
Regarding Claim 1, Lu discloses a hydraulic actuator (6) for a hydraulic actuation system (ann. fig. 1 and figs. 2 and 3) of an aircraft (para 00039-41), the hydraulic actuator (6) comprising: a housing configured to accommodate hydraulic fluid (para 0040, “It can be understood that the inlet pipeline 51 is connected with the hydraulic user device 6 and a hydraulic source, so as to provide hydraulic fluid to the hydraulic user device 6, the return pipeline 52 is connected with the hydraulic user device 6 and a hydraulic source, so that the hydraulic fluid can be self-hydraulic user device 6 and a hydraulic source back to the hydraulic user device 6.”); an extension chamber (ann. fig. 1, para 0040) and a retraction chamber (ann. fig. 1, para 0040) each defined by the housing (see ann. fig. 1 and figs. 2 and 3); and a bypass line (ann. fig. 1) in fluid communication with each of the extension chamber (ann. fig. 1) and the retraction chamber (ann. fig. 1), wherein the bypass line (ann. fig. 1) comprises a flow restrictor (2, ann. fig. 1) and a bypass valve (3), wherein the flow restrictor (ann. fig. 1) is configured to restrict a rate of fluid flow through the bypass line, wherein the bypass valve (ann. fig. 1) has material defining a port configured to open to allow the hydraulic fluid to flow through the bypass line (fig. 2)(para 0049-0050), and wherein the material (temperature sensitive spring, para 0050 “the heating valve assembly 2 can adopt the following structure, that is, the heating valve assembly 2 is provided with a throttle valve element and a temperature sensitive spring; the temperature sensing spring is configured to be capable of responding to the temperature change of the hydraulic fluid in the return pipeline 52 to act, and the temperature of the hydraulic fluid in the reflux pipeline 52 is reduced to below the temperature threshold value of the throttle element is pushed to the position of the flow inlet pipeline 51 and the return pipeline 52, so that the heating valve assembly 2 from the normally closed state into throttle opening state.”) is configured to change shape, as a temperature of the material reduces to below a predetermined temperature, to thereby open the port (para 0050 “the temperature of the hydraulic fluid in the reflux pipeline 52 is reduced to below the temperature threshold value of the throttle element is pushed to the position of the flow inlet pipeline 51 and the return pipeline 52, so that the heating valve assembly 2 from the normally closed state into throttle opening state.”).
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LU – ANNOTATED FIGURE 1
Regarding Claim 2, Lu discloses the flow restrictor (2, ann. fig. 1) is in series (see ann. fig. 1 for the location of the flow restrictor and the bypass valve) with the bypass valve (3).
Regarding Claim 4, Lu discloses the material (spring) is configured to contract as the temperature of the material reduces to below the predetermined temperature (see ann. fig. 1 and figs. 2 and 3) (temperature sensitive spring, para 0050 “the heating valve assembly 2 can adopt the following structure, that is, the heating valve assembly 2 is provided with a throttle valve element and a temperature sensitive spring; the temperature sensing spring is configured to be capable of responding to the temperature change of the hydraulic fluid in the return pipeline 52 to act, and the temperature of the hydraulic fluid in the reflux pipeline 52 is reduced to below the temperature threshold value of the throttle element is pushed to the position of the flow inlet pipeline 51 and the return pipeline 52, so that the heating valve assembly 2 from the normally closed state into throttle opening state.”
Regarding Claim 12, Lu discloses the bypass line (ann. fig. 1) is at least partially located outside of the housing (6).
Regarding Claim 15, Lu discloses a first hydraulic line (51) fluidically connected to the extension chamber (ann. fig. 1), and a second hydraulic line (52) fluidically connected to the retraction chamber (ann. fig. 1); wherein the bypass line (ann. fig. 1) has a first end (ann. fig. 1) that opens directly into the first hydraulic line, and a second end (ann. fig. 1) that opens directly into the second hydraulic line.
Regarding Claim 16, Lu discloses a hydraulic actuation system for an aircraft, the hydraulic actuation system comprising: the hydraulic actuator (6) of claim 1 for moving a load; a supply line (51) fluidly connected to the extension chamber (ann. fig. 1) and configured to carry hydraulic fluid pressurized to a supply pressure to the extension chamber; and a return line (52) fluidly connected to the retraction chamber (ann. fig. 1) and configured to return hydraulic fluid to a reservoir from the retraction chamber (para 0044, “the inlet end of each valve assembly can generally be understood as a high-pressure end, and the outlet end is understood as a low-pressure end.”).
Regarding Claim 17, Lu discloses the hydraulic actuation system is a landing gear system. Landing gear system is a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding Claim 18, Lu discloses an aircraft comprising: the hydraulic actuation system of claim 16(Lu discloses a hydraulic actuation system for an aircraft, the hydraulic actuation system comprising: the hydraulic actuator (6) of claim 1 for moving a load; a supply line (51) fluidly connected to the extension chamber (ann. fig. 1) and configured to carry hydraulic fluid pressurized to a supply pressure to the extension chamber; and a return line (52) fluidly connected to the retraction chamber (ann. fig. 1) and configured to return hydraulic fluid to a reservoir from the retraction chamber (para 0044, “the inlet end of each valve assembly can generally be understood as a high-pressure end, and the outlet end is understood as a low-pressure end.”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 3, 5, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. CN 113833707A (“Lu”).
Regarding Claim 3, Lu discloses the flow restrictor (2) has an open cross-sectional area. Lu discloses the claimed invention, except the open cross-sectional area of between 4mm² and 14mm². It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to try an open cross-sectional area between 4mm² and 14mm² based on the time allotted for the restriction valve to be open (Applicant’s Specification para 0010 “it will be necessary to suitably specify the open cross-sectional area of the flow restrictor. In some examples, the flow restrictor has an open cross-sectional area of between 4mm² and 14mm². At least for the types of hydraulic fluids that are certified for use in aircraft hydraulic actuation systems, an open cross-sectional area within this range would result in the flow of hydraulic fluid through the flow restrictor generating enough heat within a time period that is compatible with the needs of the hydraulic actuator and/or an aircraft in which it is to be implemented. In such cases, the bypass valve might need to be open for only around five to ten seconds for sufficient heat to be generated. In some examples, the flow restrictor has an open cross-sectional area of less than 4mm², although the bypass valve might then need to be open for around a minute for sufficient heat to be generated.”). Additionally because the cross-sectional area is based on time and the Specification allows a cross-sectional area of less than 4mm², this range lacks criticality. The designer could use a combination of cross-sectional areas, temperatures of the fluid, and time the restriction valve is allowed to be open as criteria for the cross-sectional area of the restrictor opening.
Regarding Claims 5 and 6, Lu discloses the claimed invention, except a predetermined temperature is below zero or below minus 20 degrees Celsius. It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to try use a material to contract at a predetermined temperature that is below zero or minus 20 degrees Celsius to actuate the restriction valve. (Applicant’s Specification para 0010-0013 “Optionally, the predetermined temperature is below zero degrees Celsius. Further optionally, the predetermined temperature is below minus 10 degrees Celsius or below minus 20 degrees Celsius. Optionally, the material comprises plural components that together define the port. The components may be formed from different respective materials that have different respective contraction rates, in which case, the material being configured to change shape, as the temperature of the material reduces to below the predetermine temperature, comprises the components being configured to contract at different respective rates to form a gap between the components as temperatures of the components reduce to below the predetermined temperature. Alternatively, the first and second components could be formed from the same material, if contraction of the first and second components at the same rate would still result in formation of the gap between the first and second components.”). The predetermined temperature is open ended. The designer could use a combination of cross-sectional areas, temperatures of the fluid, and time the restriction valve is allowed to be open as criteria for the determining the predetermined temperature, such as below zero degrees Celsius. Further optionally, the predetermined temperature is below minus 10 degrees Celsius or below minus 20 degrees Celsius. Finally, a predetermined temperature is determined by the liquid used.
Regarding Claim 8, Lu discloses the material comprises a phase-change material (spring, para 0050) configured to undergo a phase transition at a located within a range of from minus 15 degrees Celsius to minus 25 degrees Celsius to thereby cause the change in shape of the material. Lu discloses the claimed invention, except a predetermined temperature is below zero or below minus 20 degrees Celsius. It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to try use a material to contract at a predetermined temperature that is below zero or minus 20 degrees Celsius to actuate the restriction valve. (Applicant’s Specification para 0010-0013 “Optionally, the predetermined temperature is below zero degrees Celsius. Further optionally, the predetermined temperature is below minus 10 degrees Celsius or below minus 20 degrees Celsius. Optionally, the material comprises plural components that together define the port. The components may be formed from different respective materials that have different respective contraction rates, in which case, the material being configured to change shape, as the temperature of the material reduces to below the predetermine temperature, comprises the components being configured to contract at different respective rates to form a gap between the components as temperatures of the components reduce to below the predetermined temperature. Alternatively, the first and second components could be formed from the same material, if contraction of the first and second components at the same rate would still result in formation of the gap between the first and second components.”). The predetermined temperature is open ended. The designer could use a combination of cross-sectional areas, temperatures of the fluid, and time the restriction valve is allowed to be open as criteria for the determining the predetermined temperature, such as below zero degrees Celsius. Further optionally, the predetermined temperature is below minus 10 degrees Celsius or below minus 20 degrees Celsius. Finally, a predetermined temperature is determined by the liquid used.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. CN 113833707A (“Lu”) in view of Sohn US PG PUB 20120318384 (“Sohn”).
Regarding Claim 7, Lu discloses the claimed invention, except the material comprises a plurality of components that together define the port, wherein the plurality of components are formed from different respective materials that have different respective contraction rates, and wherein a gap is formed between the components of the plurality of components as the temperature of the different respective material reduces to below the predetermined temperature.
Sohn teaches material comprises a plurality of components (return spring element 38, thermal actuator 37 made of shape memory alloy, and valve body 28) that together define the port (30), wherein the plurality of components are formed from different respective materials that have different respective contraction rates, and wherein a gap (30) is formed between the components of the plurality of components (gap 30 is formed between return spring element 38 and thermal actuator 37 made of shape memory alloy on one side of gap 30 and the valve body 28 on the opposite side of gap 30) as the temperature of the different respective material reduces to below the predetermined temperature.
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have created the structure of the restricting valve 2, as disclosed by Lu, with a shape memory alloy actuated restricting valve as taught by Sohn, for the purpose of using a physical structure of the symbols illustrated in Lu. Sohn detects temperature changes and independently balances the temperature-induced changes in viscosity of the hydraulic fluid (para 005).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. CN 113833707A (“Lu”) in view of JP3434514B2.
Regarding Claim 10, Lu discloses the claimed invention, except a valve status sensor configured to sense whether or not the port is open and to output a valve status signal indicative of whether or not the port is open.
JP3434514B2 teaches a valve status sensor (pressure sensor 9 and 10) configured to sense whether or not the port is open and to output a valve status signal indicative of whether or not the port is open (Machine Translation “Further, the throttle valve 4 which constitutes the pressure generating means provided in the center bypass line 51, the pressure sensors 9 and 10 which constitute the differential pressure detecting means for detecting the differential pressure before and after the throttle valve 4, and the pipelines 5a and 5a.”).
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the bypass line and the bypass valve, as disclosed by Lu, with a pair of sensors placed upstream and downstream of a bypass valve in a bypass line, as taught by JP3434514B2, for the purpose of determining a differential pressure which is used to determine the fluid flow in a bypass line.
Regarding Claim 11, Lu discloses the claimed invention, except the valve status sensor comprises one or more of: a sensor configured to sense a state of the port; and a sensor configured to sense a parameter of hydraulic fluid in the bypass line.
JP3434514B2 teaches valve status sensor (pressure sensor 9 and 10) comprises one or more of: a sensor (pressure sensor 9 and 10) configured to sense a state of a port; and a sensor configured to sense a parameter of hydraulic fluid in the bypass line. (Machine Translation “Further, the throttle valve 4 which constitutes the pressure generating means provided in the center bypass line 51, the pressure sensors 9 and 10 which constitute the differential pressure detecting means for detecting the differential pressure before and after the throttle valve 4, and the pipelines 5a and 5a.”).
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have modified the bypass line and the bypass valve, as disclosed by Lu, with a pair of sensors placed upstream and downstream of a bypass valve in a bypass line, as taught by JP3434514B2, for the purpose of determining a differential pressure which is used to determine the fluid flow in a bypass line.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE M BARRY/Primary Examiner, Art Unit 3753