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: “command generating device” in claim 1.
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(s) 1-4 and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yun et al. (20230203785). Regarding claim 1, Yun et al. discloses a working machine comprising a tank 101, a working device including an actuator 313, an accumulator 508, a recovery path 503 connecting the actuator 313 and the accumulator 508, a return valve 513 installed between the recovery path 503 and the tank 101 to control the flow rate of fluid discharged from the recovery path 503 to the tank 101, a command generating device 109 that generates a command; a control unit 107 that receives the command from the command generating device 109 and controls the return valve 513 so that the return valve 513 has an opening amount corresponding to the command according to a preset relationship, thereby adjusting the operating speed of the actuator 313 and the charging speed of the accumulator 508 (paragraphs [0031], [0039], [0041], [0042], and [0044]).
Regarding claim 2, Yun et al. discloses that the command generating device is a first operator input device 109 that receives a request from an operator for one of the operating speed of the actuator 313, the charging speed of the accumulator 508, and the opening amount of the return valve 513, and wherein the control unit 107 controls the opening amount of the return valve 513 according to the request (paragraphs [0031], [0039], [0041], [0042], and [0044]).
Regarding claim 3, Yun et al. discloses that the first operator input device 109 selectively receives, from the operator, at least a request for a first operating speed and a request for a second operating speed of the actuator 313 and the second operating speed is faster than the first operating speed, and wherein the control unit 107 controls the return valve 513 to have a first opening amount according to the request for the first operating speed and controls the return valve 513 to have a second opening amount according to the request for the second operating speed, wherein the second opening amount is larger than the first opening amount (paragraph [0042] “…boom down speed may be slowed…” implies a first speed less than a second speed dependent upon the opening amount of the return valve).
Regarding claim 4, Yun et al. discloses that as the requested operating speed input to the first operator input device 109 becomes faster, the control unit 107 controls the return valve 513 so that the return valve 513 inherently has a larger opening amount.
Regarding claim 12, Yun et al. discloses that the actuator is a boom actuator 313 (paragraph [0029]), wherein the working machine further includes a second operator input device 105 that receives a request for raising/lowering the boom of the boom actuator from an operator, and wherein the flow of fluid from the boom actuator 313 to the recovery path 503 only occurs when a boom down request to lower the boom is input to the second operator input device 105.
Regarding claim 13, Yun et al. discloses a third operator input device 106 for receiving an energy recovery function activation request from an operator to activate an energy recovery function for recovering energy from fluid discharged from the boom actuator 313, wherein the flow of fluid from the boom actuator 313 to the recovery path 503 only occurs when the energy recovery function activation request is input to the third operator input device 106.
Regarding claim 14, Yun et al. discloses a directional control valve 409 installed between the boom actuator 313 and the tank 101 to selectively discharge fluid from the boom actuator 313 to the tank 101, wherein, when the energy recovery function activation request is input to the third operator input device 106 and the boom down request is input to the second operator input device 105, the directional control valve 409 prevents fluid from being discharged from the boom actuator 313 to the tank 101.
Regarding claim 15, Yun et al. discloses a pump 403 that draws and pressurizes fluid from the tank 101, and a directional control valve 409 installed between the pump 403 and the boom actuator 313 to selectively supply pressurized fluid from the pump 403 to the boom actuator 313, wherein, when the energy recovery function activation request is input to the third operator input device 106 and the boom down request is input to the second operator input device 105, the directional control valve 409 prevents pressurized fluid from being supplied from the pump 403 to the boom actuator 313.
Regarding claim 16, Yun et al. discloses that a directional control valve 409 installed between the boom actuator 313 and the tank 101 to selectively discharge fluid from the boom actuator 313 to the tank 101, wherein, when the boom down request is input to the second operator input device 105 while the energy recovery function activation request is not input to the third operator input device 106, the directional control valve 409 causes fluid to be discharged from the boom actuator 313 to the tank 101.
Regarding claim 17, Yun et al. discloses that a pump 403 that draws and pressurizes fluid from the tank 101, and a directional control valve 409 installed between the pump 403 and the boom actuator 313 to selectively supply pressurized fluid from the pump 403 to the boom actuator 313, wherein, when the boom down request is input to the second operator input device 105 while the energy recovery function activation request is not input to the third operator input device 106, the directional control valve 409 causes pressurized fluid to be supplied from the pump 403 to the boom actuator 313.
Regarding claim 18, Yun et al. discloses that the actuator is a boom actuator 313 (paragraph [0029]) having a bottom chamber 313a and a load chamber 313b, wherein the recovery path 503 is connected to the bottom chamber 313a.
Regarding claim 19, Yun et al. discloses an assist motor 525 connected to the accumulator 508.
Regarding claim 20, Yun et al. discloses that the actuator is a boom actuator 313 (paragraph [0029]), wherein the operating speed of the actuator is the speed at which the boom of the boom actuator 313 is lowered.
Prior Art
Prior art made of record but not relied upon is considered pertinent to Applicant's disclosure for showing other working machines with working devices, tanks, pumps, operator input devices, control units, accumulators, recovery paths, and return valves.
Allowable Subject Matter
Claims 5-11 are 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 that (claim 5) the command generating device is a sensor that detects the position of a predetermined portion of the working device, and wherein the control unit controls the opening amount of the return valve according to the position of the predetermined portion of the working device detected by the sensor.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THOMAS E LAZO/Primary Examiner,
Art Unit 3745
July 2, 2026
Prosecution Insights