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.
Regarding Claims 1-10
Claim 1 in line 30 recites the limitation "the side." There is insufficient antecedent basis for this limitation in the claim.
Claim 1 in line 34 recites the limitation "the corresponding transition area." There is insufficient antecedent basis for this limitation in the claim.
Claim 1 in line 35 recites the limitation "the direction." There is insufficient antecedent basis for this limitation in the claim. Claims 2-10 are also rejected for being dependent on a rejected base claim.
Allowable subject matter
Regarding Claim 1-10 Berthold et al. (US 4, 934,253) teaches an axial piston machine (Fig 1), comprising: a cylinder drum (9) rotatable with respect to an axis of rotation (Fig 1); a swivel cradle (16) pivotable with respect to a pivot axis (Fig 1); a housing (2) in which the cylinder drum (9) and the swivel cradle (16) are accommodated; a plurality of working pistons (12) accommodated in the cylinder drum (9) so as to be linearly movable in the direction of the swivel cradle (16), wherein the working pistons (12) are supported on the swivel cradle (16) such that a displacement volume of the axial piston machine (Fig 1) is adjustable by pivoting the swivel cradle (16) (Fig 1); and an adjustment cylinder (72) provided with an adjustment piston (33)which can move linearly along an adjustment axis (Fig 1), wherein the adjustment piston (33) is configured to delimit a first adjustment chamber and a second adjustment chamber from each other (Fig 1), wherein the pivot axis is oriented perpendicular to the axis of rotation (Fig 1), wherein the adjustment axis (i) forms a central axis of the adjustment piston, (ii) is oriented perpendicular to the axis of rotation and the pivot axis, and (iii) is arranged at a distance to the axis of rotation and at a distance to the pivot axis, wherein the adjustment piston (33)is motion-coupled to the swivel cradle (Fig 1), wherein the housing (2) comprises a plate-type fastening flange (Fig 2)which is oriented perpendicular to the axis of rotation (Fig 2)
However, Berthold remains silent regarding wherein a first fastening opening, a second fastening opening, a third fastening opening, and a fourth fastening opening in the direction of the axis of rotation pass though the fastening flange in the direction of the axis of rotation, wherein a plane of symmetry (i) contains the axis of rotation, and (ii) extends parallel to the pivot axis, wherein a reference plane (i) is arranged perpendicular to the plane of symmetry, and (ii) contains the axis of rotation, wherein the first fastening opening and the second fastening opening are (i) arranged in the area of the reference plane, and (ii) mirror-symmetrically to each other with respect to the plane of symmetry, wherein the third fastening opening and the fourth fastening opening are (i) arranged mirror-symmetrically with respect to the plane of symmetry, and (ii) arranged on the side of the reference plane facing away from the adjustment axis, wherein the fastening flange transitions integrally and without interruption into the adjustment cylinder, and wherein no further fastening openings are arranged in the corresponding transition area, which pass though the fastening flange in the direction of the axis of rotation.
Similarly, Gerges (US 2026/0085680 A1), Spielvogel (DE 102015212731) and Thomas (US 6,829,979 B1) all teach similar devices that are pertinent to applicant’s claimed invention but they all remain silent regarding the above missing limitations.
Conclusion
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/ABIY TEKA/ Primary Examiner, Art Unit 3745
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