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 .
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.
Claim(s) 1, 4-6, and 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Collette (US 2007/0052550).
Regarding claim 1, Collette discloses a device for generating pressure pulses (Fig. 7), the device comprising: a valve member (158) disposed in a fluid passageway (the fluid passageway from 36 to 162), the fluid passageway including a restriction (the restriction between 160 and 36), the valve member movable by an actuator (the assembly including 142, 144, 146, 152, 154) relative to the restriction to generate a pressure pulse in a fluid in the fluid passageway based on varying a relative position between the valve member and the restriction and creating a differential pressure across the fluid passageway, the differential pressure applying a first force (the force on 158 directly applied by 54 to closed the fluid passageway which is generated by the pressure in 36 acting on the system) on the valve member (Col. 7, line 53 through Col. 8, line 29; see how the actuator controls movement of the valve member between the open and closed position based on pressure sensed by 136); and a piston member (136) in hydraulic communication with the differential pressure, the differential pressure applying a second force (the force on 136 generated by the pressure in 36) on the piston member and moving the piston member in a piston member stroke direction (the right direction with reference to Fig. 7), the piston member having a locomotive connection to the valve member (Col. 7, line 53 through Col. 8, line 29; see how the piston member and valve member oscillate back and forth during operation), wherein the locomotive connection is configured to transmit the first force to the piston member and apply the first force to the piston member in a direction opposite a direction of the second force and move the valve member in a valve member stroke direction (the left direction with reference to Fig. 7 where 158 would move to the closed position), the valve member stroke direction being opposite the piston member stroke direction (Fig. 7; see the directions applied above); wherein the locomotive connection includes one of: a rocker lever mechanism, a rack and pinion gearbox, a crank device, a cam device, a wobble plate, and a hydraulic linkage (the mechanical connection in Fig. 7 includes a rocker lever mechanism).
Regarding claim 4, Collette further discloses the device of claim 1, wherein the actuator includes a position feedback device (142 is being interpreted as a position feedback device).
Regarding claim 5, Collette further discloses the device of claim 1, wherein the actuator includes a pressure compensator (146).
Regarding claim 6, Collette further discloses the device of claim 1, wherein a size of the piston member and a transmission ratio of the locomotive connection is selected to maintain an opening force for fluid in the fluid passageway to flow through the fluid passageway. (Col. 7, line 53 through Col. 8, line 29; Fig. 7; see how pressure in 36 would necessarily apply an opening force to at least 158 during operation)
Regarding claim 8, Collette discloses a device for generating pressure pulses (Fig. 7), the device comprising: a valve member (158) disposed in a fluid passageway (the fluid passageway from 36 to 162), the fluid passageway including a restriction (the restriction between 160 and 36), the valve member movable by an actuator (the assembly including 142, 144, 146, 152, 154) relative to the restriction to generate a pressure pulse in a fluid in the fluid passageway based on varying a relative position between the valve member and the restriction and creating a differential pressure across the fluid passageway, the differential pressure applying a first force (the force on 158 directly applied by 54 to closed the fluid passageway which is generated by the pressure in 36 acting on the system) on the valve member (Col. 7, line 53 through Col. 8, line 29; see how the actuator controls movement of the valve member between the open and closed position based on pressure sensed by 136); and a piston member (136) in hydraulic communication with the differential pressure, the differential pressure applying a second force (the force on 136 generated by the pressure in 36) on the piston member and moving the piston member in a piston member stroke direction (the right direction with reference to Fig. 7) on the piston member and moving the piston member in a piston member stroke direction, the piston member having a locomotive connection to the valve member (Col. 7, line 53 through Col. 8, line 29; see how the piston member and valve member oscillate back and forth during operation), wherein the locomotive connection is configured to transmit the first force to the piston member and apply the first force to the piston member in a direction opposite a direction of the second force and move the valve member in a valve member stroke direction (the left direction with reference to Fig. 7 where 158 would move to the closed position), the valve member stroke direction being opposite the piston member stroke direction (Fig. 7; see the directions applied above); wherein the valve member is mechanically coupled to a spring (152).
Regarding claim 9, Collette further discloses the device of claim 8, wherein the actuator includes at least one of a position feedback device and a pressure compensator. (142 is being interpreted as a position feedback device)
Regarding claim 10, Collette further discloses the device of claim 8, wherein the pressure pulse includes a frequency modulated pressure signal, the frequency modulated pressure signal having multiple frequencies, the spring is configured to create an oscillator including an inertia, a first natural frequency of the oscillator is selected to be in a range of 25% to 200% of one of the multiple frequencies of the frequency modulated pressure signal. (note that the pressure pulses are not positively recited so the system of Collette is at least capable of meeting these limitations)
Regarding claim 11, Collette further discloses the device of claim 8, wherein the spring is configured to maintain an intermediate stroke position of the valve member with respect to the restriction in the fluid passageway. (as shown in Fig. 7, see how the spring can be configured as desired by the user in order to maintain 158 in an intermediate stroke position)
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collette.
Regarding claim 2, Collette further discloses the device of claim 1, but fails to disclose wherein the locomotive connection has a transmission ratio of 1:1.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the transmission ratio of Collette to be a transmission ratio of 1:1 since applicant has not disclosed that having a transmission ratio of 1:1 solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs.
Furthermore, absent a teaching as to criticality that having a transmission ratio of 1:1, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). In this case, in para. [0053] of the specification, Applicant merely states that:
Any suitable gear ratio or transmission ratio can be used. For example, the transmission assembly 68 can have a 1:1 gear ratio or a different gear ratio.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Collette in view of Fowler et al. (US 2019/0383313, hereafter “Fowler”).
Regarding claim 3, Collette further discloses the device of claim 1, but fails to disclose wherein the actuator includes one of: a bevel gear; and a ball screw drive.
Fowler teaches an actuator that includes one of: a bevel gear; and a ball screw drive. (para. [0070]; Fig. 11)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the actuator of Collette to include a bevel gear as taught by Fowler since the equivalence of an actuator utilizing a bevel gear and any other type of linear actuator including hydraulic, pneumatic, mechanical and electromechanical is recognized for their use in the actuator art and the selection of any of these known equivalents would be within the level of ordinary skill in the art. The motivation for making such an equivalent substitution would be to provide an actuator that is known and desired which ensure stable connections throughout the actuator system.
Allowable Subject Matter
Claims 7 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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/PAUL J GRAY/Primary Examiner, Art Unit 3753
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