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 .
Claims 1-20 are pending.
Election/Restrictions
Applicant's election with traverse of Invention I, Species I in the reply filed on 5/22/2026 is acknowledged and found to be persuasive. The restriction requirement of 3/25/2026 is fully withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/3/2025 was filed prior to the mailing date of the mailing of this action. The submission complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the plurality of valve bores (claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 3, 9,12,18 and 20 are objected to because of the following informalities: the limitations, in claims 3 and 12, “the openings” should be changed to - - the hydraulic openings - -, and in claims 9,18 and 20, “and are arranged above and below the hydraulic passages”, should be - - and are some of the plurality of valve bores are arranged above the hydraulic passages and some of the plurality of valve bores are arranged below the hydraulic passages”.
Appropriate correction is required.
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.
Claims 19-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 19 recites the limitation “and arranged parallel to each other” which is unclear as to what structure is intended to be defined by this limitation(s).
Appropriate correction is required.
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 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) 1-5,7,8,11-14,16,17 and 19 are rejected under 35 U.S.C. 102a1 as being anticipated by Gluf, Jr. (US 5680883).
Regarding claim 1, Gluf, Jr. discloses a transmission (col.2, lns. 30-34, col.3, lns. 45-col.4, lns. 2) comprising: a case including a plurality of fluid conduits (the inherent case of the transmission attached to plate 42 and holes 40, see Fig. 5, col.3, lns. 45-col.4, lns. 2 ); and a unitized valve body (22) including a plurality of valve bores (the inherent bores within 22 for valves 28,30,32) and a plurality of hydraulic openings (33,35), each valve bore of the plurality of valve bores configured to receive a valve (valves 28,30,32), the plurality of hydraulic openings in fluid communication with the valve bores and in fluid communication with the plurality of fluid conduits, the plurality of hydraulic openings open through one side (the bottom side of 22 see Fig. 5) of the unitized valve body and positioned between the plurality of fluid conduits and the plurality of valve bores (as shown below in Fig. 5).
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Regarding claim 2, Gluf, Jr. discloses a gasket (10, Fig. 1-4) disposed between the plurality of fluid conduits and the plurality of hydraulic openings, the gasket defining openings (as shown in Figures 1-3) that are in fluid communication with the plurality of fluid conduits and the plurality of hydraulic openings.
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Regarding claim 3, Gluf, Jr. discloses the gasket includes filters (at 12, col. 2, lns. 37-41) disposed within the openings.
Regarding claim 4, Gluf, Jr. discloses a heat exchanger (inherently a heat exchanger is disposed within the case with the automatic power transmission, as is old and well known in the art) disposed within the case adjacent to the unitized valve body.
Regarding claim 5, Gluf, Jr. discloses all of the hydraulic openings (as shown in Fig. 5 above) of the unitized valve body open through the one side of the unitized valve body.
Regarding claim 7, Gluf, Jr discloses the unitized valve body is formed by additive manufacturing (Gluf Jr disclose the valve body material (see Fig. 5). “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985), see MPEP 2113.)
Regarding claim 8, Gluf, Jr. discloses the unitized valve body further includes a plurality of hydraulic passages (the passages 38, col. 3, lns. 11-16) in fluid communication with the valve bores and in fluid communication with the plurality of hydraulic openings.
Regarding claim 11, Gluf, Jr. discloses a transmission (col.2, lns. 30-34, col.3, lns. 45-col.4, lns. 2) comprising: a case including a plurality of fluid conduits (the inherent case of the transmission attached to plate 42 and holes 40, see Fig. 5, col.3, lns. 45-col.4, lns. 2 ); an additively manufactured valve body (22) including a plurality of valve bores (the bores for valves 28,30,32) and a plurality of hydraulic openings (33,35), each valve bore of the plurality of valve bores configured to receive a valve (valves 28,30,32), the plurality of hydraulic openings in fluid communication with the valve bores and in fluid communication with the plurality of fluid conduits, the plurality of hydraulic openings open through one side (the bottom side of 22 see Fig. 5) positioned between the plurality of fluid conduits and the plurality of valve bores (as shown below in Fig. 5),
a gasket (10) disposed between the plurality of fluid conduits and the plurality of hydraulic openings, the gasket defining openings that are in fluid communication with the plurality of fluid conduits and the plurality of hydraulic openings.
(Gluf Jr disclose the valve body material (see Fig. 5). “[E]ven though product-by-process claims (additively manufactured valve body) are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985), see MPEP 2113.)
Regarding claim 12, Gluf, Jr. discloses the gasket includes filters (12) disposed within the openings.
Regarding claim 13, Gluf, Jr. discloses a heat exchanger (inherently a heat exchanger is disposed within the case with the automatic power transmission, as is old and well known in the art) disposed within the case adjacent to the valve body.
Regarding claim 14, Gluf, Jr. discloses all of the hydraulic openings of the valve body open through one side of the valve body (as shown in Fig. 5).
Regarding claim 16, Gluf, Jr. discloses the hydraulic openings of the valve body open through one side of the valve body (as shown in Figure 5).
Regarding claim 17, Gluf, Jr. discloses the valve body further includes a plurality of hydraulic passages (38) in fluid communication with the valve bores and in fluid communication with the plurality of hydraulic openings, and wherein the plurality of hydraulic openings are positioned between the plurality of fluid conduits and the plurality of hydraulic passages.
Regarding claim 19, Gluf, Jr. discloses a transmission (col.2, lns. 30-34, col.3, lns. 45-col.4, lns. 2) comprising: a case including a plurality of fluid conduits (the inherent case of the transmission attached to plate 42 and holes 40, see Fig. 5, col.3, lns. 45-col.4, lns. 2 ); an additively manufactured valve body (22) including a plurality of valve bores (the bores for valves 28,30,32) and a plurality of hydraulic openings (33,35), each valve bore of the plurality of valve bores configured to receive a valve (valves 28,30,32), the plurality of hydraulic passages (38) in fluid communication with the valve bores and arranged parallel to each other (as shown in Fig. 5 the passages are parallel to each other), the plurality of hydraulic openings in fluid communication with the valve bores and in fluid communication with the plurality of fluid conduits, the plurality of hydraulic openings positioned between the plurality of fluid conduits and the plurality of valve bores;
a heat exchanger (inherently a heat exchanger is disposed within the case with the automatic power transmission, as is old and well known in the art) disposed within the case adjacent to the valve body; and
a gasket (10) disposed between the plurality of fluid conduits and the plurality of hydraulic openings, the gasket defining openings (the openings having the filter 12) that are in fluid communication with the plurality of fluid conduits and the plurality of hydraulic openings, wherein the plurality of hydraulic openings are positioned between the plurality of fluid conduits and the plurality of hydraulic passages.
(Gluf Jr disclose the valve body material (see Fig. 5). “[E]ven though product-by-process claims (additively manufactured valve body) are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985), see MPEP 2113.)
Claim(s) 1,4-10 are rejected under 35 U.S.C. 102a1 as being anticipated by Frait et al. (US 11644116).
Regarding claim 1, Frait et al. disclose a transmission (36) comprising: a case (“casing not shown”, col. 3, lns. 30-31) including a plurality of fluid conduits (the inherent conduits of the transmission connected to 66, col.4, lns. 22-31); and a unitized valve body (50, col. 3, lns. 53-58) including a plurality of valve bores (53 for valves 48) and a plurality of hydraulic openings (the openings at the end/bottom of 66), each valve bore of the plurality of valve bores configured to receive a valve (valves 48), the plurality of hydraulic openings in fluid communication with the valve bores and in fluid communication with the plurality of fluid conduits (col.4, lns. 32-43, see Fig. 8), the plurality of hydraulic openings open through one side (the bottom side of 50 see Fig. 4) of the unitized valve body and positioned between the plurality of fluid conduits and the plurality of valve bores (as shown below in Fig. 4).
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Regarding claim 4, Frait et al. disclose a heat exchanger (col.3, lns. 19-21, “transmission 36 is cooled”) disposed within the case adjacent to the unitized valve body.
Regarding claim 5, Frait et al. disclose all the hydraulic openings (as shown in Fig. 4, 5 above) of the unitized valve body open through the one side of the unitized valve body.
Regarding claim 6, Frait et al. disclose the unitized valve body does not include mechanical fasteners (col.3, lns. 55-56).
Regarding claim 7, Frait et al. disclose the unitized valve body is formed by additive manufacturing (col. 3,lns. 53-55)
Regarding claim 8, Frait et al. disclose the unitized valve body further includes a plurality of hydraulic passages (col.4, lns. 32-43, see Fig. 8) in fluid communication with the valve bores and in fluid communication with the plurality of hydraulic openings.
Regarding claim 9, Frait et al. disclose the plurality of valve bores extend normal to the hydraulic passages and are arranged above and below the hydraulic passages (as shown in Fig. 4, 5 below in the same manner as applicant’s figures 7 and 8).
Regarding claim 10, Frait et al. disclose the plurality of hydraulic openings are positioned between the plurality of fluid conduits and the plurality of hydraulic passages (as shown in Fig. 4, 5 below in the same manner as applicant’s figures 7 and 8).
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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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-3, 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Frait et al. ‘116 in view of Gluf, Jr. ‘883.
Regarding claims 2-3, 11,12,19 Frait et al. disclose all of the features of the claimed invention, although is silent to having that a gasket is disposed between the plurality of fluid conduits and the plurality of hydraulic openings, the gasket defining openings that are in fluid communication with the plurality of fluid conduits and the plurality of hydraulic openings, and the gasket includes filters disposed within the openings.
Regarding claims 2,11, Gluf, Jr discloses a gasket (10, Fig. 1-4) disposed between the plurality of fluid conduits and the plurality of hydraulic openings, the gasket defining openings (as shown in Figures 1-3) that are in fluid communication with the plurality of fluid conduits and the plurality of hydraulic openings, and regarding claims 3,12 Gluf, Jr. discloses the gasket includes filters (at 12, col. 2, lns. 37-41) disposed within the openings.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a gasket as taught by Gluf Jr. into the device of Frait et al. to have a gasket is disposed between the plurality of fluid conduits and the plurality of hydraulic openings, the gasket defining openings that are in fluid communication with the plurality of fluid conduits and the plurality of hydraulic openings, and the gasket includes filters disposed within the openings., in order to provide a filter/gasket to protect the valves from contamination that accumulates in the transmission fluid (Gluf, Jr. (col. 1, lns. 21-63).
Regarding claim 13, Frait et al. disclose a heat exchanger (col.3, lns. 19-21, “transmission 36 is cooled”) disposed within the case adjacent to the unitized valve body.
Regarding claim 14, Frait et al. disclose all of the hydraulic openings (as shown in Fig. 4, 5 above) of the unitized valve body open through the one side of the unitized valve body.
Regarding claim 15, Frait et al. disclose the unitized valve body does not include mechanical fasteners (col.3, lns. 55-56).
Regarding claim 16, Frait et al. disclose the unitized valve body is formed by additive manufacturing (col. 3, lns. 53-55)
Regarding claim 17, Frait et al. disclose the valve body further includes a plurality of hydraulic passages (col.4, lns. 32-43, see Fig. 8) in fluid communication with the valve bores and in fluid communication with the plurality of hydraulic openings, and wherein the plurality of hydraulic openings are positioned between the plurality of fluid conduits and the plurality of hydraulic passages (as shown in Figures 4,5).
Regarding claim 18, Frait et al. disclose the plurality of valve bores extend normal to the hydraulic passages and are arranged above and below the hydraulic passages (as shown in Fig. 4, 5 below in the same manner as applicant’s figures 7 and 8).
Regarding claim 19, Frait et al. further disclose that the plurality of hydraulic passages in fluid communication with the valve bores and arranged parallel to each other (as shown in Fig. 4 the passages are parallel to each other), and
a heat exchanger (col.3, lns. 19-21, “transmission 36 is cooled”) disposed within the case adjacent to the valve body.
Regarding claim 20, Frait et al. further disclose the plurality of valve bores extend normal to the hydraulic passages and are arranged above and below the hydraulic passages (as shown in Fig. 4, 5 below in the same manner as applicant’s figures 7 and 8).
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Claim(s) 6,7,11-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gluf, Jr. ‘883 in view of Henley III et al. (US 20220196170).
Claims 7,11-17 and 19 being rejected in an alternative reading of the claims should the rejections above not be found persuasive.
Regarding claims 6,7,11,15 and 19, Gluf, Jr discloses all of the features of the claimed invention, although is silent that the unitized valve body is formed by additive manufacturing, and the valve body does not include mechanical fasteners.
Henley III et al. teach the use of the unitized valve body is formed by additive manufacturing (para.0038), and the valve body does not include mechanical fasteners (paa.0061).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a material as taught by Henley III et al. for the material in Gluf Jr. to have the unitized valve body is formed by additive manufacturing, and the valve body does not include mechanical fasteners, in order to reduce the overall mass of the system (henley III et al., para 0061), and,
since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Craig Price, whose telephone number is (571)272-2712 or via facsimile (571)273-2712. The examiner can normally be reached on Monday-Friday (8:00AM-4:30PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider, can be reached at telephone number 571-272-3607, Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRAIG J PRICE/ Primary Examiner, Art Unit 3753
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