DETAILED ACTION
Claim(s) 1-4 are pending for consideration following applicant’s preliminary amendment filed 2/27/2025.
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
Figure 7 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 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 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.
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.
Claims 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimada (WO 2019/198579; US Patent 11,371,535 is referenced as an English equivalent document) in view of Hijikata (WO 2021/256059; US Patent 11,946,224 is referenced as an English equivalent document).
Regarding Claim 1, Shimada discloses a fluid pressure circuit (best shown in Figure 2), comprising: a cylinder device 5; an operation switching valve 4; and a regenerative circuit (including line 29) that branches off from a flow passage 23 between the cylinder device 5 and the operation switching valve 4 (as shown in Figure 2) via a flow diverter valve 26, wherein the flow diverter valve 26 is configured to be controlled based on information obtained from the regenerative circuit (including the information from pressure sensor 33 of the regenerative circuit; col. 6, lines 33-49).
Shimada does not disclose a detection device configured to detect discharge information is disposed between the cylinder device and the flow diverter valve, and the flow diverter valve is configured to be controlled based on the discharge information detected by the detection device.
Hijikata teaches a fluid pressure circuit (best shown in Figure 2) including a cylinder device 1; and a detection device 9 configured to detect discharge information (fluid pressure of the cylinder 1) is disposed between the cylinder device 1 and a flow diverter valve (any one or combination of valves 2, 3, or 19 are readable as a flow diverter valve), and the flow diverter valve is configured to be controlled based on the discharge information detected by the detection device 9 (col. 3, lines 52-63).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Shimada to include a detection device configured to detect discharge information disposed between the cylinder device and the flow diverter valve, and the flow diverter valve is configured to be controlled based on the discharge information detected by the detection device as taught by Hijikata for the purpose of providing a means of ensuring the cylinder chamber is maintained at the desired pressure.
Regarding Claim 2, Shimada in view of Hijikata further discloses the regenerative circuit (including line 29 of Shimada) includes a storage device (accumulator 27), and the flow diverter valve 26 is configured to be controlled based on a signal from a storage detection device (sensor 33 detects pressure of the storage device 27) that detects a storage state of the storage device 27 (detects the pressure of the storage device; the valve 26 is controlled based on a signal from sensor 33 as described in col. 6, lines 33-49), and on the discharge information from the detection device (in the manner taught by Hijikata as described above; discharge information from detection device 9 is used in controlling the diverter valve as taught by Hijikata in col. 3, lines 52-63).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimada (WO 2019/198579; US Patent 11,371,535 is referenced as an English equivalent document) in view of Hijikata (WO 2021/256059; US Patent 11,946,224 is referenced as an English equivalent document) as applied to claim 1 above, and further in view of Shimada (US Patent 10,801,533).
Regarding Claim 3, Shimada does not clearly disclose a first throttle provided in the flow passage between the cylinder device and the operation switching valve and a second throttle provided in the flow diverter valve are configured to be controlled by functions with different positive and negative slopes.
Shimada ‘533 teaches a fluid pressure circuit (best shown in Figure 2) including a cylinder device 5 and a first throttle (variable throttle Ab) provided in a flow passage 24 between the cylinder device 5 and an operation switching valve 4 and a second throttle (variable throttle Ax) provided in a flow diverter valve 9 are configured to be controlled by functions with different positive and negative slopes (the first and second throttles are capable of being controlled by any desired functions, including functions with different positive and negative slopes, at least because the throttles are controlled by a controller 14).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Shimada ‘579 to include a first throttle provided in the flow passage between the cylinder device and the operation switching valve and a second throttle provided in the flow diverter valve configured to be controlled by functions with different positive and negative slopes as taught by Shimada ‘533 for the purpose of providing a device which allows for gradually changing the flow through the diverter valve.
Regarding Claim 4, Shimada ‘579 does not disclose the flow diverter valve is a 3-port, 2-position electromagnetic proportional throttle valve of normal-open type that is configured to simultaneously controls control opening degrees of the first throttle and the second throttle.
Shimada ‘533 further teaches the flow diverter valve 9 is a 3-port, 2-position electromagnetic proportional throttle valve of normal-open type (col. 6, lines 31-33) that is configured to simultaneously control opening degrees of the first throttle Ab and the second throttle Ax.
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Shimada ‘579 such that the flow diverter valve is a 3-port, 2-position electromagnetic proportional throttle valve of normal-open type that is configured to simultaneously controls control opening degrees of the first throttle and the second throttle as taught by Shimada ‘533 for the purpose of providing an alternative valve structure known in the art to be suitable for controlling fluid flow to and from a regenerative circuit while also providing a structure which allows for gradually changing the flow through the diverter valve.
Conclusion
The prior art of record and not relied upon is considered pertinent to applicant's disclosure. Kang (US Patent 10,988,915) teaches a hydraulic actuator with an accumulator. Sugano (US Patent 10,400,802) teaches a hydraulic actuator with an accumulator and pressure sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached on (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753
