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 .
Drawings
The drawings are objected to because Figs. 2a, 2f & 2g have portions missing including reference number 19 and part of the cylinder (i.e. see the top-right portion as oriented).
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 1, 5, & 20 are objected to because of the following informalities:
Claim 1, Line 7, “recognise” should be --recognize--;
Claim 1, Line 9, “the charge air path” should be --a charge air path--;
Claim 1, Line 10, “the regular charge air flow” should be --a regular charge air flow--;
Claim 5, Line 4, “the mechanical output power” should be --a mechanical output power--;
Claim 20, Line 2, “the combustion air ratio lambda” should be --a combustion air ratio lambda--.
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.
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 1-15 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.
Regarding Claim 1, the phrase "if necessary" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The term “if necessary” in Claim 1is a relative term which renders the claim indefinite. The term “if necessary” 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. When the additional charge air is generated has been rendered indefinite.
Claims 2-15 are rejected due to their dependence from Claim 1.
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.
Claims 1-20 & 22 are rejected under 35 U.S.C. 103 as being unpatentable over Anders et al (8909434) in view of Vetrovec (8078385).
Anders et al disclose a working machine, and a method for operating a working machine, comprising an internal combustion engine (e.g. 32) and at least one secondary pneumatic or hydraulic working circuit (e.g. 30, 24, 26, 28), wherein during operation of the secondary working circuit, energy is recuperated and can be supplied to a pressure accumulator (e.g. 54) of the working machine for energy storage, wherein at least one auxiliary compressor (e.g. driven by 52, Col. 5, Ln. 36-56) is provided, which can be driven by the energy stored in the pressure accumulator, and an engine control unit (e.g. 58, Col. 6, Ln. 38-67). Wherein, a first hydraulic displacement unit (e.g. 48a,b, Col. 5, Ln. 36-56) is provided to supply a liquid fluid to the pressure accumulator; the first hydraulic displacement unit is driven via a power take-off of the internal combustion engine or via a pump transfer gear driven by the internal combustion engine and/or via an auxiliary drive (Col. 7, Ln. 58-67); the first hydraulic displacement unit is a displacement unit that operates rotationally during pump operation (Col. 7, Ln. 58-67); a second hydraulic displacement unit (e.g. 14, Col. 5, Ln. 36-56) is provided, which can be driven by means of the compression energy stored in the pressure accumulator and the mechanical output power of which is used to drive the auxiliary compressor; the second hydraulic displacement unit is a hydraulic engine (e.g. Col. 5, Ln. 36-56); the second hydraulic displacement unit can be operated in pump mode, whereby energy can be recuperated from the rotational energy of the auxiliary compressor into the pressure accumulator (e.g. Col. 5, Ln. 36-56); the pressure accumulator is integrated into the secondary working circuit via a switchable valve arrangement (e.g. 50, Col. 5, Ln. 36-67), including at least one multi-way valve, wherein liquid fluid can be supplied to the pressure accumulator for energy storage in a first valve position, liquid fluid can be removed for driving the auxiliary compressor in a second valve position and liquid fluid can neither be removed from the pressure accumulator nor supplied to the pressure accumulator in a third valve position; the first hydraulic displacement unit has an idle power consumption of less than 10% with regard to its power consumption in full-load operation (e.g. Col. 9, Ln 42-67); the first displacement unit can be mechanically decoupled from its drive shaft; the internal combustion engine is powered with a fuel that contains molecular hydrogen (e.g. Col. 4, Ln. 34-40); and the pressure accumulator is supplied recuperation energy from a motion function of an actuator (e.g. 24, 26, 28) of the secondary working circuit, including from a hydraulic cylinder that actuates a single segment of a lever arm, and/or from a rotary motion function of a single actuator of the secondary working circuit, including from an axial piston machine that effects the acceleration and deceleration of the rotary movement of an upper carriage of the working machine, and/or from a drive system (e.g. 14) of the working machine used for the translational movement of the working machine.
Anders et al do not teach that the engine control unit is provided and configured to recognize a highly dynamic increase in the power demand on the internal combustion engine and, if necessary, to generate additional charge air by means of the auxiliary compressor, which is fed to the charge air path of the internal combustion engine in addition to the regular charge air flow of the internal combustion engine.
Vetrovec teaches an engine control unit (e.g. 194, Fig. 3) is provided and configured to recognize a highly dynamic increase in the power demand on the internal combustion engine (e.g. Abstract) and, if necessary, to generate additional charge air (146, 148) by means of an auxiliary compressor (e.g. 164), which is fed to a charge air path (e.g. 126a, 150) of an internal combustion engine (e.g. 20) in addition to regular charge air flow (e.g. 150) of the internal combustion engine.
Anders et al and Vetrovec all seek to provide a vehicle having an engine controlled to meet a demanded output, thus it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the work machine of Anders et al such that the engine control unit is provided and configured to recognize a highly dynamic increase in the power demand on the internal combustion engine and, if necessary, to generate additional charge air by means of the auxiliary compressor, which is fed to the charge air path of the internal combustion engine in addition to the regular charge air flow of the internal combustion engine, as taught by Vetrovec, for the purpose of producing a fast response to increased engine demand.
Anders et al, as modified, further teaches a transmission gear is connected between the auxiliary compressor and the second displacement unit (e.g. Col. 5, Ln. 52 - Col. 6, Ln. 16 of Vetrovec); the auxiliary compressor is a volumetric compressor (e.g. Col. 5, Ln. 52-54 of Vetrovec); the additional charge air generated by the auxiliary compressor can be fed to the air path of the internal combustion engine via at least one charge air cooler (e.g. 174 of Vetrovec); the additional charge air of the auxiliary compressor can be fed to the charge air path of the internal combustion engine upstream of a compressor (e.g. 145, 162, Figs. 3-4 of Vetrovec) of the internal combustion engine; the regular charge air path of the internal combustion engine comprises a throttle valve (e.g. 188 of Vetrovec) and the additional charge air from the auxiliary compressor can be fed to the charge air path downstream of the throttle valve (e.g. Fig. 3 of Vetrovec); rotational energy of the auxiliary compressor, which remains after the end of compressor operation to generate the additional charge air, is recuperated into the pressure accumulator by a second displacement unit (e.g. 52 of Anders et al) operating as a pump to drive the auxiliary compressor; and the combustion air ratio lambda of the internal combustion engine does not fall below a defined limit value, wherein the limit value is a value of at least 1.5 (e.g. Col. 11, Ln. 4-7of Vetrovec).
Further regarding Claim 10, Anders et al, as modified, does not explicitly teach that the pressure accumulator (e.g. 54of Anders et al) is a bladder accumulator, diaphragm accumulator or a double piston accumulator, however it is well known by one having ordinary skill in the art to use any of the recited kinds of accumulator for the system of Anders et al.
Allowable Subject Matter
Claim 21 is 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LESLIE whose telephone number is (571)272-4819. The examiner can normally be reached M - F 8 am - 4-30pm.
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/MICHAEL LESLIE/
Primary Examiner, Art Unit 3745
September 26, 2025