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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/30/2025 and 05/07/2026 has been considered by the examiner.
Claim Rejections - 35 USC § 102
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takai (US 2016/0273559).
Takai discloses:
1. A hydraulic actuator (100) for a work machine (this is an intended use recitation that does not constitute patentable weight, further, the device of Takai is capable of being used as part of a work machine), the hydraulic actuator comprising: a rod member (30) defining an annular shoulder (33); a piston (20) coupled to the rod member; and a collar (40) engaging with the rod member and the piston, the collar including: a body (40) defining a first end (end located a 40A) and a second end (end located at 44), the body including: a cylindrical portion (41) extending from the first end of the body towards the second end of the body and defining a first inner diameter (inner diameter of portion 41), wherein the cylindrical portion extends along a longitudinal axis (vertical axis of Fig. 1) of the hydraulic actuator and is circumferentially disposed around the rod member (body 40 surrounds rod 30) of the hydraulic actuator; and a flange (portion of 42 that extends radially inward relative to portion 41) disposed at the second end of the body and radially extending from the cylindrical portion, the flange defining a second inner diameter (inner diameter of portion 42), wherein the first inner diameter of the cylindrical portion is greater than the second inner diameter of the flange (see Fig. 1, 2, first inner diameter at 41 is greater than the second inner diameter of the flange at 42), wherein the flange is axially disposed between the piston of the hydraulic actuator and the annular shoulder defined by the rod member (see Fig. 1, 2, flange 40 is between the piston 20 and the annular shoulder 33 defined by the rod member); and wherein the flange is circumferentially disposed around the rod member of the hydraulic actuator (see Fig. 1, 2, flange at 42 is disposed around the rod member portion 32 of the hydraulic actuator).
2. The hydraulic actuator of claim 1, wherein the body includes a one-piece design (body 40 is a one piece design as seen in Fig. 1 and 2).
3. The hydraulic actuator of claim 1, wherein the body is made of a metallic material (the cross hatching of the drawings show body 40 to be made of a metallic material, see MPEP 608.02(IX.)).
4. The hydraulic actuator of claim 1, wherein the rod member includes a first portion (31) and a second portion (32 and 34), such that the annular shoulder (33) connects the first portion to the second portion, and wherein the cylindrical portion (41) is circumferentially disposed around the first portion (31) of the rod member.
5. The hydraulic actuator of claim 4, wherein the flange (42) and the piston (20) are circumferentially disposed around the second portion (32 and 34) of the rod member.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Nelson (US 3296942).
Nelson discloses:
1. A hydraulic actuator (Fig. 1) for a work machine (this is an intended use recitation that does not constitute patentable weight, further, the device of Nelson is capable of being used as part of a work machine), the hydraulic actuator comprising: a rod member (21) defining an annular shoulder (24); a piston (12) coupled to the rod member; and a collar (19) engaging with the rod member and the piston, the collar including: a body defining a first end (26) and a second end (23), the body including: a cylindrical portion (27) extending from the first end of the body towards the second end of the body and defining a first inner diameter (inner diameter of portion at 27), wherein the cylindrical portion extends along a longitudinal axis (apparent from Fig. 1) of the hydraulic actuator and is circumferentially disposed around the rod member of the hydraulic actuator (apparent from Fig. 1); and a flange (located at 23) disposed at the second end of the body and radially extending from the cylindrical portion, the flange defining a second inner diameter (inner diameter of collar 19 at 23), wherein the first inner diameter of the cylindrical portion is greater than the second inner diameter of the flange (apparent from Fig. 1), wherein the flange is axially disposed between the piston of the hydraulic actuator and the annular shoulder defined by the rod member (apparent from Fig. 1); and wherein the flange is circumferentially disposed around the rod member of the hydraulic actuator (apparent from Fig. 1).
2. The hydraulic actuator of claim 1, wherein the body includes a one-piece design (apparent from Fig. 1).
3. The hydraulic actuator of claim 1, wherein the body is made of a metallic material (the cross hatching of the drawings show body 40 to be made of a metallic material, see MPEP 608.02(IX.)).
4. The hydraulic actuator of claim 1, wherein the rod member includes a first portion (21) and a second portion (20), such that the annular shoulder (24) connects the first portion to the second portion, and wherein the cylindrical portion (portion at 27) is circumferentially disposed around the first portion (21) of the rod member (apparent from Fig. 1).
5. The hydraulic actuator of claim 4, wherein the flange and the piston are circumferentially disposed around the second portion of the rod member (apparent from Fig. 1, flange at 19,23 and piston 12 are circumferentially disposed around the second portion 20 of the rod member).
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.
Claim(s) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Takai in view of Berg (US 3704650)
Regarding claim 6, Takai discloses a hydraulic actuator (100) for a work machine (this is an intended use recitation that does not constitute patentable weight, further, the device of Takai is capable of being used as part of a work machine), the hydraulic actuator comprising: a rod member (30) defining an annular shoulder (33); a piston (20) coupled to the rod member; and a collar (40) engaging with the rod member and the piston, the collar including: a body (40) defining a first end (end located a 40A) and a second end (end located at 44), the body including: a cylindrical portion (41) extending from the first end of the body towards the second end of the body and defining a first inner diameter (inner diameter of portion 41), wherein the cylindrical portion extends along a longitudinal axis (vertical axis of Fig. 1) of the hydraulic actuator and is circumferentially disposed around the rod member (body 40 surrounds rod 30) of the hydraulic actuator; and a flange (portion of 42 that extends radially inward relative to portion 41) disposed at the second end of the body and radially extending from the cylindrical portion, the flange defining a second inner diameter (inner diameter of portion 42), wherein the first inner diameter of the cylindrical portion is greater than the second inner diameter of the flange (see Fig. 1, 2, first inner diameter at 41 is greater than the second inner diameter of the flange at 42), wherein the flange is axially disposed between the piston of the hydraulic actuator and the annular shoulder defined by the rod member (see Fig. 1, 2, flange 40 is between the piston 20 and the annular shoulder 33 defined by the rod member); and wherein the flange is circumferentially disposed around the rod member of the hydraulic actuator (see Fig. 1, 2, flange at 42 is disposed around the rod member portion 32 of the hydraulic actuator).
Takai does not explicitly disclose the hydraulic actuator used with a work machine.
However, Berg discloses a hydraulic actuator with end stroke cushioning similar to Takai and the present application and therefore constitutes analogous art. Berg discloses a work machine (16) comprising: a frame (see Fig. 1, body of 16); a linkage assembly (14, 12, 23) coupled to the frame; and at least one hydraulic actuator (10) coupled to the linkage assembly, the at least one hydraulic actuator including: a rod member (46) and piston (44) including a cushioning collar (76) that is arranged around the rod adjacent to the piston.
Since simple substitution is an exemplary rationale that supports a conclusion of obviousness, and since both hydraulic actuators of Berg and Takai have cushioning at their end strokes using collars around the piston rod that both provide the cushioning function, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Berg to have used the cushioning hydraulic cylinder/cushioning collar of Takai to yield only the expected results of a functioning work vehicle having end stroke cushioning for its hydraulic actuator.
Regarding claims 7-10, see claims 2-5 rejections for equivalent limitation mapping and discussion. The hydraulic actuator of Takai would be implemented into the work machine of Berg and maintains its cushioning collar and hydraulic actuator arrangement.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berg in view of Nelson (US Nelson (US 3296942).
Regarding claim 6 and 1, Berg discloses a work machine (16) comprising: a frame (see Fig. 1, body of 16); a linkage assembly (14, 12, 23) coupled to the frame; and at least one hydraulic actuator (10) coupled to the linkage assembly, the at least one hydraulic actuator including: a rod member (46) and piston (44) including a cushioning collar (76) that is arranged around the rod adjacent to the piston.
Berg does not disclose the claimed cushioning collar details in its hydraulic actuator.
However, Nelson discloses a hydraulic actuator with end position cushioning similar to Berg and the present application and therefore constitutes analogous art. Nelson discloses a hydraulic actuator (Fig. 1), the hydraulic actuator comprising: a rod member (21) defining an annular shoulder (24); a piston (12) coupled to the rod member; and a collar (19) engaging with the rod member and the piston, the collar including: a body defining a first end (26) and a second end (23), the body including: a cylindrical portion (27) extending from the first end of the body towards the second end of the body and defining a first inner diameter (inner diameter of portion at 27), wherein the cylindrical portion extends along a longitudinal axis (apparent from Fig. 1) of the hydraulic actuator and is circumferentially disposed around the rod member of the hydraulic actuator (apparent from Fig. 1); and a flange (located at 23) disposed at the second end of the body and radially extending from the cylindrical portion, the flange defining a second inner diameter (inner diameter of collar 19 at 23), wherein the first inner diameter of the cylindrical portion is greater than the second inner diameter of the flange (apparent from Fig. 1), wherein the flange is axially disposed between the piston of the hydraulic actuator and the annular shoulder defined by the rod member (apparent from Fig. 1); and wherein the flange is circumferentially disposed around the rod member of the hydraulic actuator (apparent from Fig. 1). Nelson teaches that its device provides for reciprocating piston deceleration control to enhance durability of parts and smoothness and efficiency of operation (Col. 1 lines 18-26). The hydraulic actuator (Nelson Fig. 1) of Nelson and the hydraulic actuator (Berg, 10) of Berg are obvious equivalents because they perform the same function of extending and retracting a piston and piston rod assembly within a hydraulic cylinder with end positioning cushioning.
Since simple substitution is an exemplary rationale that supports a conclusion of obviousness, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the system of Berg to have substituted its hydraulic actuator with the hydraulic actuator of Nelson to yield only the expected results of a functioning work machine that includes a hydraulic actuator that provides for reciprocating piston deceleration control to enhance durability of parts and smoothness and efficiency of operation.
The combination of Berg and Nelson further renders obvious:
2. The hydraulic actuator of claim 1, wherein the body includes a one-piece design (apparent from Fig. 1).
3. The hydraulic actuator of claim 1, wherein the body is made of a metallic material (the cross hatching of the drawings show body 40 to be made of a metallic material, see MPEP 608.02(IX.); further, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have either recognized or modified the device to have used a collar made of a metallic material as a matter of design choice because metal is a well known conventional material used for collars within hydraulic cylinders that provides strength to withstand the large pressures in hydraulic cylinders).
4. The hydraulic actuator of claim 1, wherein the rod member includes a first portion (21) and a second portion (20), such that the annular shoulder (24) connects the first portion to the second portion, and wherein the cylindrical portion (portion at 27) is circumferentially disposed around the first portion (21) of the rod member (apparent from Fig. 1).
5. The hydraulic actuator of claim 4, wherein the flange and the piston are circumferentially disposed around the second portion of the rod member (apparent from Fig. 1, flange at 19,23 and piston 12 are circumferentially disposed around the second portion 20 of the rod member).
7. The work machine of claim 6, wherein the body includes a one-piece design (see claim 2 rejection above fore equivalent limitation mapping and discussion, the implemented hydraulic actuator of Nelson reads on these limitations).
8. The work machine of claim 6, wherein the body is made of a metallic material (see claim 3 rejection above fore equivalent limitation mapping and discussion, the implemented hydraulic actuator of Nelson reads on these limitations).
9. The work machine of claim 6, wherein the rod member includes a first portion and a second portion, such that the annular shoulder connects the first portion to the second portion, and wherein the cylindrical portion is circumferentially disposed around the first portion of the rod member (see claim 4 rejection above fore equivalent limitation mapping and discussion, the implemented hydraulic actuator of Nelson reads on these limitations).
10. The work machine of claim 9, wherein the flange and the piston are circumferentially disposed around the second portion of the rod member (see claim 5 rejection above for equivalent limitation mapping and discussion, the implemented hydraulic actuator of Nelson reads on these limitations).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ikari (US 7798052), Monden (US 10352337), discloses a hydraulic actuator including a flange disposed around a rod for cushioning purposes
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 September 25, 2026
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