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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/08/2026 has been entered.
Response to Amendment
Claims 1-6 and 8-19 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 04/09/2026, hereinafter FOA.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 10 under 35 U.S.C. 102(a)(1), 102(a)(2) as being anticipated by Jensen; Joshua D. et al. US 20150159613 A1, hereinafter Jensen, have been fully considered and are persuasive. Specifically, the argument that Jensen fails to disclose the limitation “a control system configured to monitor a total amount of the first variable amount of mechanical power and the second variable amount of mechanical power, to compare the total to a threshold amount of mechanical power less than the maximum amount of mechanical power” is accurate. Therefore the rejection has been withdrawn.
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1 and 8 under 35 U.S.C. 103 as being unpatentable over Jensen, in view of ALIPERTI ROSARIO et al. EP 3913232 A1, hereinafter Aliperti, have been fully considered and are persuasive. Specifically, the argument regarding Jensen/Aliperti failing to disclose the control with respect to the threshold, which is less than the maximum.
Claim Objections
Claims 1, 8 10 and 11 are objected to because of the following informalities:
Claim 1 Ln 14, please amend to --power; [[and]]--.
Claim 8 Ln 6, please amend to --maximum amount of mechanical [[energy]] power;--.
Claim 8 Ln 32, please amend to --to the at least one hydraulically powered implement--.
Claim 8 Ln 37-38, please amend to --to the at least one hydraulically powered implement--.
Claim 8 Ln 42-43, please amend to --the differential amount of reduced hydraulic [[flow]] power produced by the first hydraulic pump--.
Claim 10 Ln 15, please amend to --mechanical [[energy]] power--.
Claim 10 Ln 28, please amend to --the total amount--.
Claim 11 Ln 6, please amend to --the total amount of the first--.
Claim 11 Ln 9, please amend to --the total amount exceeds--.
Appropriate correction is required.
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.
Claims 8-16 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 pre-AIA the applicant regards as the invention.
Claim 8 Ln 33-34 states the limitation "when the first amount of variable power is”. This term lacks antecedent basis and it is unclear to which previous limitation it is referring. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --when the first variable amount of [[variable]] mechanical power is--.
Claim 9 is rejected for its dependence upon claim 8.
Claim 10 Ln 29 states the limitation "the maximum amount of mechanical power”. This term lacks antecedent basis and it is unclear to which previous limitation it is referring. Therefore, the scope of the claim is indeterminate. For examination, the limitation was interpreted as --the known maximum
Claim 11 states various controller configuration ‘steps’ that appear to duplicate ‘steps’ that appear in claim 10 Ln 26-34. For example, Claim 11 Ln 6-12 appear to state similar (but more detailed) steps to that of Claim 10 Ln 26-29. It appears that the steps of claim 11 is attempting to further refine the steps of claim 10, further correlation is required. The limitations, as is, are unclear if they are attempting to provide additional steps that are distinct/separate from the steps stated in claim 10. Therefore, the scope of the claim is indeterminate.
Claims 12-16 are rejected for their dependence upon at least claim 10.
Allowable Subject Matter
Claims 1-4 would be allowable if rewritten or amended to overcome the objections, set forth in this Office action.
Claims 5-6 and 17-19 are allowed.
Claims 8-16 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Jensen; Joshua D. et al. US 20150159613 A1, hereinafter Jensen discloses (Fig. 1, 3) a method for selectively providing hydraulic power to at least one hydraulically powered implement (40) of an off highway machine (12) wherein the hydraulically powered implement operates under variable load conditions requiring variable magnitudes of hydraulic power [0018], the method comprising:
driving terrain-engagement members (18) with a first amount of mechanical power produced by an internal combustion engine (14) to move the off highway machine [0017], the internal combustion engine having a maximum mechanical power output (fundamentally, (14) has a maximum mechanical power output);
selectively driving a first hydraulic pump (56) with a second amount of mechanical power produced by the internal combustion engine to provide a first amount of hydraulic power [0018];
selectively driving a second hydraulic pump (62) with an electric motor (60) that receives energy from an energy storage device (58) to provide a second amount of hydraulic power [0018];
maintaining the total of the first amount of mechanical power and the second amount of mechanical power less than the threshold amount of mechanical power.
Jensen fails to explicitly state that the method further comprises:
sensing a total of the first amount of mechanical power and the second amount of mechanical power provided by the internal combustion engine and comparing the total to a threshold amount of mechanical power, the threshold amount of mechanical power selected to be less than the maximum mechanical power output of the internal combustion engine;
maintaining the total of the first amount of mechanical power and the second amount of mechanical power less than the threshold amount of mechanical power by selectively reducing the first amount of hydraulic power by a differential amount of hydraulic power to produce a reduced first amount of hydraulic power below the threshold amount of mechanical power;
adjusting the second amount of hydraulic power from the second hydraulic pump to compensate for the differential amount of hydraulic power; and
applying the reduced first amount of hydraulic power and the second amount of hydraulic power to the hydraulically powered implement.
ALIPERTI ROSARIO et al. EP 3913232 A1, hereinafter Aliperti discloses (Fig. 2-5) a method for selectively providing hydraulic power to at least one hydraulically powered implement (3) of an off-highway machine (“agricultural or construction equipment” [0001]), the method comprising:
selectively driving a first hydraulic pump (6) with a second amount of mechanical power produced by the internal combustion engine to provide a first amount of hydraulic power [0021];
selectively driving a second hydraulic pump (20) with an electric motor (23) that receives energy from an energy storage device (25) to provide a second amount of hydraulic power [0032];
sensing a total amount of mechanical power provided by the internal combustion engine ([0051] states determining the max speed which has been interpreted as the maximum power);
maintaining the total amount of mechanical power less than the maximum amount of mechanical power by selectively reducing the first amount of hydraulic power by a differential amount of hydraulic power to produce a reduced first amount of hydraulic power below the threshold amount of mechanical power;
adjusting the second amount of hydraulic power from the second hydraulic pump to compensate for the differential amount of hydraulic power; and
applying the reduced first amount of hydraulic power and the second amount of hydraulic power to the hydraulically powered implement ([0051] discloses that that the controller (24) determines a total amount of energy required that is greater than a threshold of mechanical energy enabled by the engine, the controller then initiates the second pump to produce the ‘reduced amount of hydraulic flow’ or “difference” such that the first and second amount of hydraulic flow equals the total hydraulic flow requested by the user/implement, note that Aliperti does not disclose a first/second summation of mechanical energy, but it is not necessary as what is required for the method is determining the ‘total’ amount of mechanical energy which Aliperti does disclose; Aliperti does not explicitly state that ‘energy’ is maintained, but does disclose maintaining rotational speeds of the pumps such that ‘flow’ is maintained; it is common knowledge amongst one of ordinary skill that pump power (energy/time) is a mathematical relationship: power = flow rate * density * gravity * psi; Flow rate = rpm * volume/rotation; therefore, by maintaining flow rate, one is also maintaining power, as the density, gravity and pressure difference are constant).
Aliperti further discloses enacting said method enables reduced fuel consumption and costs of the off-highway machine [0012-0014].
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Jensen, by enacting the method, as taught by Aliperti, for the purpose of reducing fuel consumption and work vehicle costs.
The modified device of Jensen/Aliperti fails to explicitly state that method further comprises comparing the total to a threshold amount of mechanical power the threshold amount of mechanical power selected to be less than the maximum mechanical power output of the internal combustion engine; and the maintaining the total amount of mechanical power less than the threshold amount of mechanical power.
The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed controller configuration. Although Jensen/Aliperti discloses a method of selectively providing hydraulic power to at least one hydraulically powered implement, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Jensen/Aliperti to incorporate the details of comparing the total to a threshold amount of mechanical power the threshold amount of mechanical power selected to be less than the maximum mechanical power output of the internal combustion engine; and the maintaining the total amount of mechanical power less than the threshold amount of mechanical power, along with the other claimed components of the method. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the claim.
Claims 2-4 are dependent upon claim 1.
Regarding claim 5, Jensen/Aliperti discloses the claimed invention substantially as claimed, as set forth above for Claim 1 except fails to explicitly state that the method further comprising selectively operating a hydraulic source selection valve to selectively provide hydraulic fluid to the hydraulically powered implement from the first hydraulic pump only, from the second hydraulic pump only, or from both the first hydraulic pump and the second hydraulic pump.
The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed hydraulic source selection valve and method of operation thereof. Although Jensen discloses a method of selectively providing hydraulic power to at least one hydraulically powered implement, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Jensen to incorporate the details of the hydraulic source selection valve and method of operation thereof, along with the other claimed components of the providing power method. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the claim.
Claims 6 and 17-19 are dependent upon claim 5.
Regarding claim 8, Jensen discloses (Fig. 1, 3) a method for selectively providing hydraulic power to a hydraulic load (40) of an off-highway machine (12), the method comprising:
driving terrain-engagement members (18) with a first variable amount of mechanical power from an internal combustion engine (14) to move the off-highway machine [0017], the internal combustion engine capable of generating a maximum amount of mechanical power (fundamentally, (14) has a maximum mechanical power output);
selectively driving a first hydraulic pump (56) with a second variable amount of mechanical power from the internal combustion engine to provide a first source of hydraulic power [0018];
driving an electrical generator (54) with the internal combustion engine to generate electrical energy [0019];
storing the electrical energy in an energy storage device (58) [0019];
selectively providing the stored electrical energy to drive an electric motor (60) [0019], the electric motor coupled to a second hydraulic pump (62) to selectively provide a second source of hydraulic power [0018].
Jensen fails to explicitly state that the method further comprises:
setting a threshold amount of mechanical power below the maximum amount of mechanical power,
determining a total of the first variable amount of mechanical power and the second variable amount of mechanical power to determine a total amount of mechanical power usage of the internal combustion engine, and
selectively adjusting the second variable amount of mechanical power and an amount of hydraulic power provided by the second hydraulic pump in response to the total amount of mechanical power usage,
wherein:
when the total amount of mechanical power usage is less than the threshold amount, providing only the first source of hydraulic power to at least one hydraulically powered implement attached to the off-highway machine;
when the first variable amount of mechanical power is at least as great as the threshold amount, providing only the second source of hydraulic power to the at least one hydraulically powered implement; and
when the first variable amount of mechanical power is less than the threshold amount and the total amount of mechanical power usage is greater than the threshold amount, providing both the first source of hydraulic power and the second source of hydraulic power to the at least one hydraulically powered implement, the hydraulic power produced by the first hydraulic pump reduced by a differential amount such that the total amount of mechanical power usage is no greater than the threshold amount, the second hydraulic pump activated to produce hydraulic power corresponding to the differential amount of reduced hydraulic power produced by the first hydraulic pump.
Aliperti discloses (Fig. 2-5) a method for selectively providing hydraulic power to a hydraulic load (3) of an off-highway machine (“agricultural or construction equipment” [0001]), the method comprising:
selectively driving a first hydraulic pump (6) with a second variable amount of mechanical power from the internal combustion engine to provide a first source of hydraulic power [0021];
selectively providing the stored electrical energy to drive an electric motor (23), the electric motor coupled to a second hydraulic pump (20) to selectively provide a second source of hydraulic power [0032];
determining a total amount of mechanical power usage of the internal combustion engine ([0051] states determining the max speed which has been interpreted as the maximum power), and
selectively adjusting the second variable amount of mechanical power and an amount of hydraulic power provided by the second hydraulic pump in response to the total amount of mechanical power usage [0051],
wherein:
when the total amount of mechanical power usage is less than the maximum amount, providing only the first source of hydraulic power to at least one hydraulically powered implement attached to the off-highway machine (Fig. 3, [0043-0044]);
when the first variable amount of mechanical power is at least as great as the maximum amount, providing only the second source of hydraulic power to the at least one hydraulically powered implement (Fig. 5, [0058-0059]); and
when the first variable amount of mechanical power is less than the maximum amount and the total amount of mechanical power usage is greater than the threshold amount, providing both the first source of hydraulic power and the second source of hydraulic power to the at least one hydraulically powered implement (Fig. 4, [0045-0057]),
the hydraulic power produced by the first hydraulic pump reduced by a differential amount such that the total amount of mechanical power usage is no greater than the maximum amount, the second hydraulic pump activated to produce hydraulic power corresponding to the differential amount of reduced hydraulic power produced by the first hydraulic pump ([0051] discloses that that the controller (24) determines a total amount of energy required that is greater than a threshold of mechanical energy enabled by the engine, the controller then initiates the second pump to produce the ‘reduced amount of hydraulic flow’ or “difference” such that the first and second amount of hydraulic flow equals the total hydraulic flow requested by the user/implement, note that Aliperti does not disclose a first/second summation of mechanical energy, but it is not necessary as what is required for the method is determining the ‘total’ amount of mechanical energy which Aliperti does disclose; Aliperti does not explicitly state that ‘energy’ is maintained, but does disclose maintaining rotational speeds of the pumps such that ‘flow’ is maintained; it is common knowledge amongst one of ordinary skill that pump power (energy/time) is a mathematical relationship: power = flow rate * density * gravity * psi; Flow rate = rpm * volume/rotation; therefore, by maintaining flow rate, one is also maintaining power, as the density, gravity and pressure difference are constant).
Aliperti further discloses enacting said method enables reduced fuel consumption and costs of the off-highway machine [0012-0014].
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Jensen, by enacting the method, as taught by Aliperti, for the purpose of reducing fuel consumption and work vehicle costs.
The modified device of Jensen/Aliperti fails to explicitly state that method further comprises setting a threshold amount of mechanical power below the maximum amount of mechanical power and the total amount of mechanical power usage is no greater than the threshold amount.
The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed controller configuration. Although Jensen/Aliperti discloses a method of selectively providing hydraulic power to at least one hydraulically powered implement, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Jensen/Aliperti to incorporate the details of setting a threshold amount of mechanical power below the maximum amount of mechanical power and the total amount of mechanical power usage is no greater than the threshold amount, along with the other claimed components of the method. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the claim.
Claim 9 is dependent upon claim 8.
Regarding claim 10, Jensen discloses (Fig. 1-3) a hybrid power generation system for an off-highway machine (12) having terrain-engagement members (18) to move the off-highway machine over varying terrain and having at least one hydraulically powered implement (40) attached to the machine for moving materials, the system comprising:
an internal combustion engine (14) capable of producing a known maximum mechanical power (fundamentally, an engine has a maximum mechanical power), the internal combustion engine providing a first variable amount of mechanical power to drive the terrain-engagement members over varying terrain conditions [0017];
a first hydraulic pump (56) coupled to the internal combustion engine to selectively generate a first variable amount of hydraulic power to manipulate the hydraulically powered implement attached to the machine [0018], the first hydraulic pump requiring a second variable amount of the mechanical power from the internal combustion engine in response to varying loads on the hydraulically powered implement [0018];
an electrical generator (54) coupled to receive mechanical power from the internal combustion engine and to generate electrical energy [0019];
an energy storage device (58) coupled to the electrical generator to store the electrical energy generated by the electrical generator [0019];
an electric motor (60) that receives the electrical energy from the energy storage device and that selectively operates to provide electrically generated mechanical power [0018-0019];
a second hydraulic pump (62) that receives the electrically generated mechanical power from the electric motor and that selectively generates a second variable amount of hydraulic power to manipulate the hydraulically powered implement attached to the machine [0018-0019]; and
a control system (72).
Jensen fails to explicitly state that the control system is configured
to monitor a total amount of the first variable amount of mechanical power and the second variable amount of mechanical power,
to compare the total amount to a threshold amount of mechanical power less than the known maximum mechanical power, and
to selectively increase the second variable amount of hydraulic power generated by the second hydraulic pump to selectively reduce the first variable amount of hydraulic power generated by the first hydraulic pump to thereby reduce the second variable amount of mechanical power that drives the first hydraulic pump.
Aliperti discloses (Fig. 1-3) hybrid power generation system for an off-highway machine (“agricultural or construction equipment” [0001]) having terrain-engagement members (depicted wheels) to move the off-highway machine over varying terrain and having at least one hydraulically powered implement (3) attached to the machine for moving materials, the system comprising:
an internal combustion engine (2) capable of producing a known maximum mechanical power (fundamentally, an engine has a maximum mechanical power), the internal combustion engine providing a first variable amount of mechanical power to drive the terrain-engagement members over varying terrain conditions [0021];
a first hydraulic pump (6) coupled to the internal combustion engine to selectively generate a first variable amount of hydraulic power to manipulate the hydraulically powered implement attached to the machine [0021], the first hydraulic pump requiring a second variable amount of the mechanical power from the internal combustion engine in response to varying loads on the hydraulically powered implement [0021];
an electrical generator (22) coupled to receive mechanical power from the internal combustion engine and to generate electrical energy [0044-0046];
an energy storage device (25) coupled to the electrical generator to store the electrical energy generated by the electrical generator [0044-0046];
an electric motor (23) that receives the electrical energy from the energy storage device and that selectively operates to provide electrically generated mechanical power [0044-0046];
a second hydraulic pump (20) that receives the electrically generated mechanical power from the electric motor and that selectively generates a second variable amount of hydraulic power to manipulate the hydraulically powered implement attached to the machine [0044-0046]; and
a control system (24) configured
to monitor a total amount of the first variable amount of mechanical power and the second variable amount of mechanical power [0051], and
to selectively increase the second variable amount of hydraulic power generated by the second hydraulic pump to selectively reduce the first variable amount of hydraulic power generated by the first hydraulic pump to thereby reduce the second variable amount of mechanical power that drives the first hydraulic pump ([0051] discloses that that the controller (24) determines a total amount of energy required that is greater than a threshold of mechanical energy enabled by the engine, the controller then initiates the second pump to produce the ‘reduced amount of hydraulic flow’ or “difference” such that the first and second amount of hydraulic flow equals the total hydraulic flow requested by the user/implement, note that Aliperti does not disclose a first/second summation of mechanical energy, but it is not necessary as what is required for the method is determining the ‘total’ amount of mechanical energy which Aliperti does disclose; Aliperti does not explicitly state that ‘energy’ is maintained, but does disclose maintaining rotational speeds of the pumps such that ‘flow’ is maintained; it is common knowledge amongst one of ordinary skill that pump power (energy/time) is a mathematical relationship: power = flow rate * density * gravity * psi; Flow rate = rpm * volume/rotation; therefore, by maintaining flow rate, one is also maintaining power, as the density, gravity and pressure difference are constant).
Aliperti further discloses enacting said method enables reduced fuel consumption and costs of the off-highway machine [0012-0014].
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify Jensen, by providing the control system configuration, as taught by Aliperti, for the purpose of reducing fuel consumption and work vehicle costs.
The modified device of Jensen/Aliperti fails to explicitly state that method further comprises to compare the total amount to a threshold amount of mechanical power less than the known maximum mechanical power.
The prior art does not anticipate nor render obvious the combination set forth in the claim, and specifically does not show the claimed controller configuration. Although Jensen/Aliperti discloses a control system configuration, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of Jensen/Aliperti to incorporate the details of the control system configuration to compare the total amount to a threshold amount of mechanical power less than the known maximum mechanical power, along with the other claimed components of the system. Therefore, when viewed as a whole and for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the claim.
Claims 11-16 are dependent upon claim 10.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/MATTHEW WIBLIN/ Primary Examiner, Art Unit 3745
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