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 .
DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “return element” in claims 26-30.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 25 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato (5,615,710). Sato discloses (claim 25) an assembly comprising a free-wheeling valve 2, a hydraulic control valve 4 connected to the free-wheeling valve 2, and configured to control the free-wheeling valve 2, and a directional electric valve 3 connected to the hydraulic control valve 4, and configured to control the hydraulic control valve 4.
Claim 25 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Studer (9,353,771). Studer discloses (claim 25) an assembly comprising a free-wheeling valve 203, a hydraulic control valve 202 connected to the free-wheeling valve 203, and configured to control the free-wheeling valve 203, and a directional electric valve 201 connected to the hydraulic control valve 202, and configured to control the hydraulic control valve 202.
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 25-29, 31, 32, 36, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Sohier (20190322167) in view of Sato (5,615,710). Sohier discloses (claim 25) an assembly with a free-wheeling valve 60, a hydraulic control valve 70 connected to the free-wheeling valve 60, and configured to control the free-wheeling valve 60. Sohier does not disclose a directional electric valve connected to the hydraulic control valve, and configured to control the hydraulic control valve.
Sato teaches for an assembly comprising a free-wheeling valve 2, a hydraulic control valve 4 connected to the free-wheeling valve 2, and configured to control the free-wheeling valve 2, and that there is a directional electric valve 3 connected to the hydraulic control valve 4, and configured to control the hydraulic control valve 4 for the purposes of using lower power consumption solenoid pilot valves to operate a main valve.
Since Sohier and Sato are both in the pilot fluid operated valve field of endeavor the purpose disclosed by Sato would have been recognized in the pertinent art of Sohier. It would have been obvious at a time before the invention was effectively filed to a person having ordinary skill in the art to modify the assembly of Sohier to have a directional electric valve connected to the hydraulic control valve, and configured to control the hydraulic control valve for the purposes of using a lower power consumption solenoid pilot valve for operation of the free-wheeling valve.
Regarding claim 26, Sohier further discloses that the hydraulic control valve 70 comprises a first inlet port provided to be connected to a reservoir R of a hydraulic circuit (Figs. 1, 4a) for assisting a traction of a vehicle 3; a second inlet port provided to be connected to a booster line of the hydraulic circuit (high pressure side of pump 10, chosen by valves 23a,b), an outlet port connected to a first control chamber 64 of the free-wheeling valve 60, and to a third inlet port of the free-wheeling valve 60; a slide and a body, the slide being movable within the body between, a first position (right position of valve 70) in which the slide allows a circulation of fluid between the first inlet port and the outlet port, and prohibits a circulation of fluid between the second inlet port and the outlet port; and a second position (left position of valve 70) in which the slide allows the circulation of fluid between the second inlet port and the outlet port, and prohibits the circulation of fluid between the first inlet port and the outlet port, and a return element (spring 72) connected to the slide and to the body, so as to exert a second force on the slide; wherein a movement of the slide between the first position and the second position is controlled by a difference between the first force and the second force.
Sato teaches for a second control chamber PP connected to the directional electric valve 3 and to the slide so that a pressure within the second control chamber PP exerts a first force on the slide.
Regarding claim 27, Sato teaches that the directional electric valve 3 comprises: a first inlet port R1 provided to be connected to a reservoir of a hydraulic circuit, a second inlet port P1 provided to be connected to a booster line 18 of the hydraulic circuit, an outlet port A1 connected to a control chamber PP of the hydraulic control valve 4, a slide and a body, the slide being movable within the body between a first position (bottom position of valve 3) in which the slide allows a circulation of fluid between the first inlet port R1 and the outlet port A1, and prohibits a circulation of fluid between the second inlet port P1 and the outlet port A1, and a second position (top position of valve 3) in which the slide allows the circulation of fluid between the second inlet port P1 and the outlet port A1, and prohibits the circulation of fluid between the first inlet port R1 and the outlet port A1, a solenoid 3a configured to exert a first force on the slide, and a return element (spring, not numbered) connected to the slide and to the body, so as to exert a second force on the slide, wherein a movement of the slide between the first position and the second position is controlled by a difference between the first force and the second force.
Regarding claim 28, Sohier discloses that the free-wheeling valve 60 comprises a first inlet port provided to be connected to a first orifice of a hydraulic pump 10 of a hydraulic circuit (Fig. 1) for assisting a traction of a vehicle (3, Fig. 4a), a second inlet port provided to be connected alternatively to a reservoir R of the hydraulic circuit or to a booster line (high pressure side of pump 10, chosen by valves 23a,b) of the hydraulic circuit, by way of the hydraulic control valve 70, a third inlet port provided to be connected to a second orifice of the hydraulic pump 10, a first outlet port provided to be connected to a first orifice of a hydraulic motor 30 of the hydraulic circuit, a second outlet port provided to be connected to a second orifice of the hydraulic motor 30, a slide and a body, the slide being movable within the body between, a first position (left position of valve 60) in which the slide allows a circulation of fluid between the second inlet port and each of the first outlet port and of the second outlet port, and prohibits a circulation of fluid between each of the first inlet port and of the third inlet port, and each of the first outlet port and of the second outlet port, and a second position (right position of valve 60) in which the slide allows a circulation of fluid between the first inlet port and the first outlet port, and between the third inlet port and the second outlet port, and prohibits a circulation of fluid between the first inlet port and the second outlet port, between the second inlet port and each of the first outlet port and of the second outlet port, and between the third inlet port and the first outlet port; a control chamber 64 connected to the hydraulic control valve 60 and to the slide so that a pressure within the control chamber exerts a first force on the slide, and a return element 66 connected to the slide and to the body, so as to exert a second force on the slide, wherein a movement of the slide between the first position and the second position is controlled by a difference between the first force and the second force.
Regarding claim 29, Sohier discloses that the free-wheeling valve 60 comprises a first inlet port provided to be connected to a first orifice of a hydraulic pump 10 of a hydraulic circuit (Fig. 1) for assisting a traction of a vehicle (3, Fig. 4a), a second inlet port provided to be connected alternatively to a reservoir R of the hydraulic circuit or to a booster line ((high pressure side of pump 10, chosen by valves 23a,b) of the hydraulic circuit, by way of the hydraulic control valve 70, a third inlet port provided to be connected to a second orifice of the hydraulic pump 10, a first outlet port provided to be connected to a first orifice of a hydraulic motor 30 of the hydraulic circuit; a second outlet port provided to be connected to a second orifice of the hydraulic motor 30, a first slide and a first body, the first slide being movable within the first body between: a first position (left position of valve 60) in which the first slide allows a circulation of fluid between the second inlet port and each of the first outlet port and of the second outlet port, and prohibits a circulation of fluid between each of the first inlet port and of the third inlet port, and each of the first outlet port and of the second outlet port; and a second position (right position of valve 60) in which the first slide allows a circulation of fluid between the first inlet port and the first outlet port, and between the third inlet port and the second outlet port, and prohibits a circulation of fluid between the first inlet port and the second outlet port, between the second inlet port and each of the first outlet port and of the second outlet port, and between the third inlet port and the first outlet port; a first control chamber 64 connected to the hydraulic control valve and connected to the first slide so that a pressure within the first control chamber exerts a first force on the first slide; and a first return element 66 connected to the first slide and to the first body, so as to exert a second force on the first slide, wherein a movement of the first slide between the first position and the second position is controlled by a difference between the first force and the second force; the hydraulic control valve 70 comprises a third inlet port provided to be connected to the reservoir R, a fourth inlet port provided to be connected to the booster line (high pressure side of pump 10, chosen by valves 23a,b), a third outlet port connected to the first control chamber 64 and to the second inlet port; and a second slide and a second body, the second slide being movable within the second body between: a third position (right position of valve 70) in which the second slide allows a circulation of fluid between the third inlet port and the third outlet port, and prohibits a circulation of fluid between the fourth inlet port and the third outlet port; and a fourth position (left position of valve 70) in which the second slide allows the circulation of fluid between the fourth inlet port and the third outlet port, and prohibits the circulation of fluid between the third inlet port and the third outlet port; and wherein, in the first position of the free-wheeling valve 60 (left position of valve 60) and in the fourth position of the hydraulic control valve 70 (left position of valve 70), the free-wheeling valve 60 and the hydraulic control valve 70 are configured to connect the booster line to the first control chamber 64 and to the motor 30.
Regarding claim 31, Sohier discloses a hydraulic circuit (Fig. 1) for assisting a traction of a vehicle (3, Fig. 4a), the hydraulic circuit comprising a hydraulic motor 30 provided to be coupled to a wheel W of the vehicle, a hydraulic pump 10, and the assembly (as modified), wherein the free-wheeling valve 60 of the assembly is configured to control a circulation of fluid between the hydraulic pump 10 and the hydraulic motor 30.
Regarding claim 32, Sohier discloses that the hydraulic pump 10 comprises a first orifice and a second orifice, and the hydraulic motor 30 comprises a third orifice and a fourth orifice, the hydraulic circuit further comprising a communicating circuit connecting the first orifice to the third orifice (line 40a), and the second orifice to the fourth orifice (line 40b), the communicating circuit comprising the free-wheeling valve 60 of the assembly, a reservoir R, a booster pump 20 comprising an intake orifice connected to the reservoir R and a discharge orifice; and a booster line (high pressure side of pump 10, chosen by valves 23a,b) connected to the discharge orifice and to the communicating circuit; wherein the free-wheeling valve 60 and the hydraulic control valve of the assembly are configured to control a circulation of fluid between, on the one hand, the hydraulic motor 30 and, on the other hand, the hydraulic pump 10, the booster line and/or the reservoir R.
Regarding claim 36, Sohier discloses a vehicle (3, Fig. 4a) comprising a primary axle (not numbered) provided to support at least one drive wheel W of the vehicle, a secondary axle (not numbered), separate from the primary axle, a wheel mounted on the secondary axle, and the hydraulic circuit (Fig. 1), wherein the hydraulic motor 30 of the hydraulic circuit is coupled to the wheel W.
Regarding claim 37, Sohier, as modified by Sato, discloses a method comprising controlling a hydraulic control valve 70 with a directional electric valve (taught by Sato above), and controlling a free-wheeling valve 60 of a hydraulic motor 30 of a vehicle with the hydraulic control valve 70, the hydraulic motor 30 being coupled to a wheel W of the vehicle mounted of an axel of the vehicle, the axle being separate from a drive axle of the vehicle provided to support at least one drive wheel W of the vehicle, wherein an enabling of the directional electric valve (taught by Sato above) causes an enabling of the hydraulic control valve 70 so as to enable the free-wheeling valve 60 to set up a circulation of fluid first between the hydraulic motor 30 and a booster line ((high pressure side of pump 10, chosen by valves 23a,b) of the vehicle, then between a hydraulic pump 10 of the vehicle and the hydraulic motor 30; and wherein a disabling of the directional electric valve (taught by Sato above) causes a disabling of the hydraulic control valve 70 so as to disable the free-wheeling valve 60 to isolate the hydraulic pump 10 from the hydraulic motor 30 and connect the hydraulic motor 30 to a reservoir R of the vehicle, by way of the hydraulic control valve 70.
Claims 33-35 are rejected under 35 U.S.C. 103 as being unpatentable over Sohier and Sato, as applied to claims 31 and 32 above. Sohier discloses all of the claimed subject matter except that the hydraulic control valve of the assembly is configured to allow the circulation of fluid between the hydraulic motor and the booster line and/or the reservoir at a flow rate between 50 and 100 liters per minute, an engagement time and/or a disengagement time of the hydraulic motor is less than 1 second, and the directional electric valve of the assembly is configured to consume an electrical power of less than 20 W for a control of the hydraulic control valve.
Since the applicant has not disclosed that having specific operating parameters solves any stated problem or is for any particular purpose above the fact that the operating parameters are preferable and lower the electrical power necessary and it appears that the assembly of Sohier would perform equally well with the specific operating parameters as claimed by applicant, it would have been an obvious matter of engineering expedience to further modify the assembly of Sohier such that the hydraulic control valve of the assembly is configured to allow the circulation of fluid between the hydraulic motor and the booster line and/or the reservoir at a flow rate between 50 and 100 liters per minute, an engagement time and/or a disengagement time of the hydraulic motor is less than 1 second, and the directional electric valve of the assembly is configured to consume an electrical power of less than 20 W for a control of the hydraulic control valve as claimed for the purposes of maximizing efficiency.
Prior Art
Prior art made of record but not relied upon is considered pertinent to Applicant's disclosure for showing other vehicles with free-wheeling valves, hydraulic valves, and directional electric valves in hydraulic circuits.
Allowable Subject Matter
Claim 30 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. The improvement comprises (claim 30) a nozzle provided to adjust a flow rate coming from the booster line.
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Thomas Lazo whose telephone number is (571) 272-4818. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Nathaniel Wiehe, can be reached on (571) 272-8648. The fax phone number for this Group is (571) 273-8300.
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/THOMAS E LAZO/Primary Examiner,
Art Unit 3745
April 2, 2026
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