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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/29/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-8 and 10-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawaguchi et al., U.S. Patent Publication 2011/0167811 (hereinafter “Kawaguchi”).
In Reference to Claim 1:
Kawaguchi discloses a hydraulically powered power system comprising: a hydraulic pump (3) configured to receive input power from an engine (2) and to convert the input power to an input hydraulic flow ( See, Figure 1 which shows the conduit off the pump 3 and pump 3 and engine 2 mechanically connected); hydraulic output equipment (actuators 31-36) configured to receive the input hydraulic flow to generate a first output (either lifting, rotation, or travel: “by supplying pressure oil to each hydraulic actuator 31-36, each hydraulic actuator 31-36 is driven, and a working machine including a boom (linear actuator), an arm (linear actuator), and a bucket (linear actuator) connected to each hydraulic actuator 31-36, a lower traveling body (motor), The upper swing body (motor) is activated”) and control circuitry configured to: calculate an engine speed adjustment based on a first target operating characteristic of the hydraulic output equipment and a measured engine speed of the engine, and upon calculating the engine speed adjustment, output a control signal to control the engine to modify an engine speed of the engine based on the engine speed adjustment to modify a flow characteristic of the input hydraulic flow. See, Paragraph [0004] : “An engine speed n and a fuel injection amount (torque T) are adjusted according to a load to maintain a target engine speed set with a fuel dial. That is, the governor 4 increases or decreases the fuel injection amount such that the target speed is equal to the engine speed”. See, also Paragraph [0198 and 0199] which disclosing adjusting the engine speed to match the target engine speed provided by the load. See, Figure 2 and Figure 4 as well which shows the flow diagram for the engine controller in Figure 2 and How the Target speed is adjusted/calculated.
In Reference to Claim 2 and 3 :
Kawaguchi further discloses wherein he hydraulic output equipment comprises a first hydraulic auxiliary device and second hydraulic auxiliary device configured to generate a first input signal and a second input signal comprising a first and second measured operating characteristic of the first hydraulic auxiliary device and second hydraulic auxiliary device; and the control circuity is further configured to monitor the first input signal and the second input signal to determine a first operating characteristic and second operation characteristic difference based on the first target operating characteristic and the first measured operating characteristic and the second target operating characteristic and the second measured operating characteristic, and wherein the engine speed adjustment is further based on the first and second operating characteristic difference. See, Figure 3 which illustrates several auxiliary devices (actuators) provide a input signal (i.e. Boom lever signal, Arm Lever Signal, etc.) to produce an operating characteristic as determined by the controller as shown in Figure 3 as well (for the boom descent or ascent (51); for the arm either dump or excavate (52); etc); said signal than goes into the pump output calculation unit 70 and pump rate target value which is then placed into the engine control schematic as shown in Figure 2 for generating an engine target speed. See, Figure 2 and 3.
In Reference to Claim 4
Kawaguchi further discloses wherein: the first target operating characteristic comprises a target received hydraulic flow characteristic of the first hydraulic auxiliary device (See, Figure 3 which shows the calculating a target flow and specifically 52 which shows the target flow for the specific characteristic); the first measured operating characteristic comprises a measured received hydraulic flow characteristic of the first hydraulic auxiliary device; the first hydraulic auxiliary device comprises a user interface (Lever as discussed in Spec and labeled in Figure 3 as the input) configured to generate a user interface signal; and the control circuitry is further configured to determine the target received hydraulic flow characteristic based on the user interface signal.
In Reference to Claim 5:
Kawaguchi further discloses comprising one or more hydraulic couplers (Valves 21-26) configured to receive the input hydraulic flow and hydraulically couple to one or more hydraulic auxiliary devices (actuators) configured to generate a second output by receiving the input hydraulic flow, wherein the calculating of the engine speed adjustment is further based on a second target operating characteristic of the one or more hydraulic auxiliary devices. See, Figure 1 which shows the valves 21-26 located between the pump output and the actuators (31-36); See, Figure 3: which shows multiple auxiliary devices and wherein each has their own respective operating characteristic (51-56).
In Reference to Claim 6:
Kawaguchi further discloses wherein the hydraulic output equipment comprises a hydraulic motor configured to convert the input hydraulic flow to motor power. See, Figure 3 which discloses that one of the actuators is travel motors for the left and right of the respective construction machine and therefore create motor power from said pumps hydraulic output. See also Paragraph [0085] which discloses them as travel motors 35 and 36.
In Reference to Claim 7:
Kawaguchi further discloses mechanical output equipment (sprocket/tracks) configured to receive the motor power (35 or 36) to generate a second output, wherein the calculating of the engine speed adjustment is further based on a second target operating characteristic of the mechanical output equipment. See, Figure 3 which shows the plurality of outputs that are placed into the pump load calculation and then sent to the engine to determine required engine speed of Figure 2.
In Reference to Claim 8:
Kawaguchi further discloses comprising one or more mechanical couplers (sprocket not disclosed but inherent given the disclosure in the prior art of an endless track) configured to receive the motor power (from motor 35 or 36 depending on which side of the construction machine) and mechanically couple to a mechanical auxiliary device (endless tracks) configured to generate a second output by receiving the motor power, wherein the calculating of the engine speed adjustment is further based on a second target operating characteristic (55 or 56 of Figure 3) of the mechanical auxiliary device.
In Reference to Claim 10 and 11:
Kawaguchi further discloses wherein the control circuitry is further configured to, upon determining that the first target operating characteristic comprises a synchronized speed mode indication, control the engine to operate in a synchronized speed mode and first target operating characteristic is a variable speed mode indication, control the engine to operate in a variable speed mode. See, Figure 12-15 which shows deviations between speed and adjustments. See, Figure 2 which shows a flow chart which shows the pump flow directly related and correlated to the engine speed target and therefore both synchronized to the target operating character and also variable. See also , Paragraph [0007] which discloses the load of the pump matching up to the engine speed and [0034]. See, Also Paragraph [0184- 0185]
In Reference to Claim 12:
Kawaguchi further discloses wherein the control circuitry is further configured to, upon determining that the first target operating characteristic is a fixed speed mode indication, control the engine to operate in a fixed speed mode. See, Paragraph [0008] which discloses keeping the engine speed n at a fixed speed.
In Reference to Claim 13: Kawaguchi further discloses wherein the first target operating characteristic comprises at least one of a predetermined target value or a predetermined target value range. Examiner notes that this claim is extremely broad and said target operating characteristic is a range, the motion of the actuator in its entirety can be the target value range.
In Reference to Claim 14:
Kawaguchi discloses a hydraulically powered power system comprising: a hydraulic pump(3) configured to receive input power from an engine (2) and to convert the input power to an input hydraulic flow; one or more hydraulic couplers (21-26) configured to receive the input hydraulic flow and hydraulically couple to one or more hydraulic auxiliary devices (31-36) configured to generate a first output by receiving the input hydraulic flow; and control circuitry configured to: calculate an engine speed adjustment based on a first target operating characteristic of the one or more hydraulic auxiliary devices and a measured engine speed of the engine (See, Figure 2 which shows altering the engine speed based of various inputs), and upon calculating the engine speed adjustment, output a control signal to control the engine to modify an engine speed of the engine based on the engine speed adjustment to modify a flow characteristic of the input hydraulic flow (See, Figure 3). See, also Paragraph [0004] : “An engine speed n and a fuel injection amount (torque T) are adjusted according to a load to maintain a target engine speed set with a fuel dial. That is, the governor 4 increases or decreases the fuel injection amount such that the target speed is equal to the engine speed”. See, also Paragraph [0198 and 0199] which disclosing adjusting the engine speed to match the target engine speed provided by the load.
In Reference to Claim 15:
Kawaguchi further discloses a hydraulic motor configured to convert the input hydraulic flow to motor power (35 and 36; See also , Figure 4: which illustrates pressure demand from travel motors left and right respectfully).
In Reference to Claim 16:
Kawaguchi further discloses mechanical output equipment (Tracks) configured to receive the motor power (35 or 36) to generate a second output, wherein the calculating of the engine speed adjustment is further based on a second target operating characteristics (See, Figure 3 which shows several mechanical outputs which are used to determine a pump requirement such as Travel motors (left and right) and lift actuators for the bucket and arm which is then plugged into Figure 2 for determining the engine speed requirement).
In Reference to Claim 17:
Kawaguchi further discloses one or more mechanical couplers ( sprockets; not disclosed but inherent as sprockets are used to connect the motor to the tracks configured to receive the motor power (via 35 or 36) and mechanically couple to a mechanical auxiliary device (tracks) configured to generate a second output by receiving the motor power, wherein the calculating of the engine speed adjustment is further based on a second target operating characteristic of the mechanical auxiliary device. (See, Figure 3 which shows several mechanical outputs which are used to determine a pump requirement such as Travel motors (left and right) and lift actuators for the bucket and arm which is then plugged into Figure 2 for determining the engine speed requirement.
In Reference to Claim 18:
Kawaguchi discloses a hydraulically powered power system comprising: a hydraulic pump (3) configured to receive input power from an engine (2) and to convert the input power to an input hydraulic flow (See, Figure 1 or 2; a hydraulic motor (35 or 36) configured to convert the input hydraulic flow to motor power; mechanical output equipment (tracks) configured to receive the motor power to generate an output; and control circuitry configured to: calculate an engine speed adjustment based on a target operating characteristic of the mechanical output equipment and a measured engine speed of the engine, and upon calculating the engine speed adjustment, output a control signal to control the engine to modify an engine speed of the engine based on the engine speed adjustment to modify a flow characteristic of the input hydraulic flow. See, Figure 2-4: Figure 2 shows engine speed control; Figure 3 shows how pump load is calculated based off operating characterstics of the mechanical equipment (travel speed for travel motors for example; lift height for the arm; etc.) and how pump load is then input in to Figure 2. See also Paragraphs [0198 and 0199] which discloses matching the engine speed to pump load.
Allowable Subject Matter
Claim 9, and 19 and 20 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.
Claim 9 discloses wherein the control circuitry determines the operating characteristic is in standby mode (as defined specifically by Applicant in Paragraph [0139]) and placed the engine in the same standby mode. Examiner does not believe it would be obvious to modify the control circuit to define such a mode of operation.
Claim 19 recites the mechanical output equipment further includes a mechanical auxiliary device which is used in the control circuitry to calculate engine speed adjustment. The prior art fails to disclose such a limitation and it would not be obvious given the function of the motor in the prior art to provide an additional auxiliary device and have said auxiliary device thereby provide a control signal for engine speed adjustments.
Claim 20 would be allowed based off its dependency of dependent claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S. COLLINS whose telephone number is (313)446-6535. The examiner can normally be reached M-TH 8:00-5:30.
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/DANIEL S COLLINS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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