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 .
Response to Arguments
Applicant's arguments filed May 5, 2026 have been fully considered but they are not persuasive. Claims 15-17, 20, & 24 are pending.
Applicant has generally stated that the independent claim is patentable, and the addition of limitations from original Claims 18-19 further solidify patentability. Examiner respectfully disagrees. Applicant has not met the burden of distinguishing the claimed invention over Umetsu et al (6789576), regarding any non-obvious distinctions in structure based on the limitations regarded as product-by-process (MPEP 2113(II)), many of which structures no longer exist in the final product. Of particular note, the disclosure does not indicate that the “supporting surface” (82) exists in the final product (i.e. the “hydraulic accumulator”) as claimed. Claims directed specifically and soley toward the structure of the connecting body, as it exists before attachment to an accumulator body, may find better success.
Applicant has further argued that the Written Opinion of the International Searching Authority confirms patentability. Examiner respectfully disagrees. The WO-ISA is a non-binding opinion, and is not necessarily made in accordance with the examination practices of the United States Patent and Trademark Office.
Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them.
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.
Claim 24 is 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.
Claim 24 is rejected due to its dependence from cancelled Claim 6. Apparently, Claim 24 should be dependent from --Claim 16--, and will be further treated on the merits as such.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15-17, 20, & 24 are rejected under 35 U.S.C. 102(a)(1)&(a)(2) as being anticipated by Umetsu et al (6789576).
Umetsu et al disclose a hydraulic accumulator (e.g. Fig. 3), having an accumulator housing (e.g. 110) and a separating element (e.g. 173) arranged therein, which separates two media chambers (e.g. 111, 112) from each other, wherein the accumulator housing has at least one fluid connection point (e.g. 130a), which opens out into an adjacent media chamber and having a connecting body (e.g. 150) with a fluid passage (e.g. 151), which is firmly connected to the accumulator housing by a weld joint (e.g. Col. 8, Ln. 31-41), in such a manner that the fluid connection point of the accumulator housing is in fluid communication with the fluid passage of the connecting body, wherein the weld joint between the accumulator housing part and the connecting body is formed from a reshaped material agglomeration of the connecting body, which forms a nugget (e.g. as shown schematically in Fig. 3) with a through-hole as part of the fluid connection the material agglomeration is configured to merge on the outer and/or inner circumference into a boundary surface, which is perpendicular to the longitudinal axis of the connecting body; and wherein the outer boundary surface is configured to merge on the outer circumference at a predefinable angle into a supporting surface, which is part of the one free end face of the connecting body.
Wherein the material agglomeration is formed from an annular projection, which encompasses the fluid passage on the connecting body and which is an integral part of the connecting body; the annular material agglomeration is triangular when viewed in cross-section and has an opening angle (a) at the apex of 70 to 110 degrees; and the inner circumferential boundary surface merges into a threaded region of the connecting body, in vertical extension when viewed parallel to the longitudinal axis thereof.
NOTE: Claims 15-17, 20, & 24 are deemed to be product-by-process claims (See MPEP 2113), the product being a “hydraulic accumulator”, and the process limitations have been given patentable weight accordingly. Limitations deemed to be related to the process have been indicated in italics.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571)272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL LESLIE/
Primary Examiner, Art Unit 3745
June 13, 2026
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