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 .
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 1-10 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.
Claim 1 recites “wherein said first control valve and second control valve are equal to each other.” It is unclear what this means. Is the pressure equal, the valves identical, the valves are equal in location, in the number of positions, or in all aspects? The specification does not describe what this means so it is unclear what feature is intended or how broad or narrow this feature may reasonably be interpreted. For purposes of examination, any manner of being equal is interpreted as meeting this feature, e.g., length, number of ports, location, pressure, etc.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Wijk et al. (KR 20100110843A; hereinafter “Van Wijk”).
Claim 1
Van Wijk discloses a hydraulic system of a power transmission, comprising:
a reservoir (100);
a pump (22 including 101a and 101b) driven to supply an operating liquid from the reservoir (100);
a first branch and a second branch starting from a junction point (see annotated FIG. 1 below); the first branch configured to perform a cooling and/or lubricating function on a part of the power transmission (see description describing that valve 105 controls flow to a cooling duct); the second branch ending (via PK) at a hydraulic actuator (10) to perform an actuating function;
control valves (e.g., 105, 104) controlled by an electronic control unit to manage the operating liquid supplied by said pump;
characterized in that said control valves comprise:
a first control valve (105) arranged along said first branch;
a second control valve )104) arranged along said second branch;
wherein each of said first control valve and said second control valve comprises:
a first port connected to said junction point (see annotated FIG. 1 below);
a second port connected to said reservoir (see annotated FIG. 1 below);
a third port (see annotated FIG. 1 below); the third port of said first control valve being connected so as to direct the operating liquid towards the part to be cooled/lubricated; the third port of said second control valve communicating with a chamber of said hydraulic actuator for pressurizing said chamber;
a selector body which is movable, in response to an electrical control signal (this is understood by those having ordinary skill in the art as to how these valves operate), between a first position and at least a second position, wherein
a) in the first position (for valve 105, lowest position vertically in FIG. 1, where the h-shaped path connects the ports; for valve 104, left-most position where the straight line path connects), the first port communicates with the third port;
b) in the second position (for valve 105 middle position with the path illustrated as one line; for valve 104, left-most position with the path as an angled downward arrow is connected), the first port is closed, and the second port communicates with the third port;
and (as best understood) wherein said first control valve and second control valve are equal to each other (in the number of positions as well as in the operation with a slidable spring biased body as illustrated).
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Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsuda et al. (US 5,726,353; hereinafter “Matsuda”).
Claim 1
Matsuda discloses a hydraulic system of a power transmission, comprising:
a reservoir (marked as “X” and also shown below pump 310);
a pump (310) driven to supply an operating liquid from the reservoir;
a first branch and a second branch starting from a junction point (see annotated FIG. 4 below); the first branch configured to perform a cooling and/or lubricating function (ultimately pressure from the first branch travels via 322 to the lubrication valve) on a part of the power transmission; the second branch ending at a hydraulic actuator (ultimately controlling clutch 24) to perform an actuating function;
control valves (first valve options are 314, 322, or 312; second valve options are 332 or 320) controlled by an electronic control unit to manage the operating liquid supplied by said pump;
characterized in that said control valves comprise:
a first control valve (322, or 312) arranged along said first branch;
a second control valve (332 or 320) arranged along said second branch;
wherein each of said first control valve and said second control valve comprises:
a first port (see annotated FIG. 4 below illustrating multiple options for this port) connected to said junction point;
a second port (see annotated FIG. 4 below illustrating multiple options for this port: any port connected to X; for valve 322 the reservoir is through E then 314 then 352, for valve) connected to said reservoir;
a third port (see annotated FIG. 4 below illustrating multiple options for this port); the third port of said first control valve being connected so as to direct the operating liquid towards the part to be cooled/lubricated (labeled LUB); the third port of said second control valve communicating with a chamber (44, 38, or chamber of 24) of said hydraulic actuator for pressurizing said chamber;
a selector body (shown as the angled lined shading) which is movable, in response to an electrical control signal, between a first position and at least a second position, wherein (see FIG. 4)
a) in the first position, the first port communicates with the third port;
b) in the second position, the first port is closed, and the second port communicates with the third port;
and as best understood wherein said first control valve and second control valve are equal to each other in some way including location in the schematic, number of ports, length, etc.
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Claim 7
Matsuda discloses wherein each of said first control valve (314) and said second control valve (322) comprises a spring-loaded positioning device configured to bring said selector body to a predetermined rest position in the absence of the electrical control signal; the predetermined rest position coinciding with the first position (see FIG. 5 for first valve illustrating the spring pushing the body to the right; see FIG. 4 illustrating the spring on the right of 322 pushing the body to the left).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Wijk in view of Van Der Sluis et al. (JP 2004360905A; hereinafter “Van Der Sluis”).
Claim 6
Van Wijk does not clearly disclose wherein each of said first control valve and said second control valve is a proportional valve, although as the valves move between positions, the alignment of the ports and flow paths will at first be partial overlap and then fully overlapped to a maximum flow. Nonetheless, Van Der Sluis discloses that a hydraulic control valve that has three positions very similar to each of the two subject valves of Van Wijk, and this valve (60) is a “proportional-type switching valve” in order to “slowly switch between” the various modes/positions (see translation, paragraph spanning pages 8 and 9). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Van Wijk so that the two valves (105 and 104) were proportional valves in order to slowly switch between positions in order to provide a smoother operation and/or finer control of flow.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Wijk in view of Pritchard (US 2015/0330493).
Claim 8
Van Wijk does not disclose wherein said hydraulic actuator drives a movable element forming part of a vehicle axle. However, Pritchard discloses a hydraulic system for a vehicle axle that provides both hydraulic pressure to both lubrication valve (92) and a clutch valve (70a or 70b) for actuating a locking clutch (28). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Van Wijk so that the hydraulic system that was disclosed is for lubrication of an axle drive and also a clutch on the axle in order to provide common control and/or a common pump for two functions on an axle.
Claim 9
Van Wijk as modified discloses wherein said hydraulic actuator drives a clutch device forming part of said vehicle axle (see rejection of claim 8).
Claim 10
Van Wijk as modified discloses wherein said hydraulic actuator drives a locking device forming part (movable part of locking clutch 28 actuated by the fluid) of said vehicle axle (see rejection of claim 8).
Allowable Subject Matter
Claims 2-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With reference to claim 2, the prior art does not disclose or render obvious a hydraulic system comprising the combination of elements as recited including the two branches at the junction point and two control valves that each have a port connected to the junction and another port connected to the reservoir, where one valve cools or lubricates and the other valve actuates a chamber of a hydraulic actuator, where each valve operates based on the two positions recited, where each valve is “equal” in some way although this is not a definite recitation, and “wherein each of said first control valve and said second control valve further comprises a fourth port; the fourth port of said first control valve being disconnected or being in communication with said reservoir; the fourth port of said second control valve communicating with a further chamber of said hydraulic actuator for pressurizing said further chamber; wherein, in the second position, the second port communicates with the third port and with the fourth port; and wherein the selector body is movable also in a third position, in which the first port communicates with the fourth port, and the second port communicates with the third port.”
With reference to claim 5, it is noted that the term “four-way, three-position valve” is a known type of valve that includes three positions and four ports with specific channels therebetween.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 1674765A1 discloses a system for both a clutch and lubrication with a junction point to two different valves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/ Primary Examiner, Art Unit 3655