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`V i$ T {a
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`A
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/920,167
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`03/ 13/2018
`
`Jun MATSUURA
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`0666.5620004
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`1777
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, NW.
`WASHINGTON, DC 20005
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`DRAKE RICHARD C
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`ART UNIT
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`3745
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`01/02/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`e-offiee @ sternekessler. com
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`PTOL-90A (Rev. 04/07)
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`

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`017/09 A0170” Summary
`
`Application No.
`15/920,167
`Examiner
`RICHARD c DRAKE
`
`Applicant(s)
`MATSUURA et al.
`Art Unit
`AIA (FITF) Status
`3745
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1)I Responsive to communication(s) filed on 3/13/18.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s)
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`flis/are pending in the application.
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`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
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`
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`[:1 Claim(ss)
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`is/are allowed.
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`Claim(ss) 1_—7 is/are rejected.
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`D Claim(ss_) is/are objected to.
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`) ) ) )
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`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
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`10)|:I The specification is objected to by the Examiner.
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`11)I The drawing(s) filed on 3/13/18 is/are: a)I accepted or b)C] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)C] Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.I Certified copies of the priority documents have been received in Application No. 14817922.
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`SD Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20191223
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`

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`Application/Control Number:15/920,167
`Art Unit:3745
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`Page2
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`DETAILED ACTION
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`Information Disclosure Statement
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`1) The information disclosure statement (IDS) submitted on 3/13/18 was filed in compliance with the
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`provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by
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`the examiner.
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`Claim Rejections - 35 USC § 1 12
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`2) 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.
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`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.
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`1.
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`Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph,
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`as being indefinite for failing to particularly point out and distinctly claim the subject matter which the
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`inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
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`2.
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`Claim 1 recites the limitation "a proportional pressure control valve configured to selectively
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`supply the hydraulic fluid to the first fluid chamber or the second fluid chamber" and then refers to the
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`singular valve in plural with “the proportional pressure control valves being” in group e) ofthe claim. As
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`the valve is introduced in the singular and is supplying one OR another chamber,
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`there is insufficient
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`antecedent basis forthis “valves” limitation in the claim.
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`3.
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`Claims 2-7 are rejected based on their dependence on claim 1.
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`Claim Rejections - 35 USC § 103
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`3) The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set
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`forth in this Office action:
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`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.
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`

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`Application/Control Number:15/920,167
`Art Unit:3745
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`Page3
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`4) Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Erickson (US 6755703) in
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`view of Ishimori et al (US 4977760), hereinafter “Ishimori”, and Cronin (US 8024925), in light of Nishi
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`et al (US 7613560), hereinafter “Nishi”.
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`The device of Erickson teaches a control mechanism for a stepless transmission connected to a
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`manipulation lever in the stepless transmission and disposed outside a housing of the stepless
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`transmission (fig. 1 shows the actuator 30 and lever 20, fig. 2 shows the apparatus on the outside of
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`housing 130), the control mechanism for the stepless transmission comprising: a piston rod
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`connected to the manipulation lever (rod 40 shown pinned to lever 20 via 44); a piston provided on
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`the piston rod wherein the piston is coaxial with the piston rod (piston 34 shown around the rod 40); a
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`cylinder case provided with a cylinder configured to house the piston rod and the piston such that the
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`piston rod and the piston are displaceable in an axial direction (cylinder 30 shown encasing both the
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`piston 34 and a portion of rod 40/ Fig. 1 also shows the lateral translation of the rod via pressure from
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`pump 26), the piston and the cylinder forming a first fluid chamber to be supplied with a hydraulic fluid
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`for withdrawing the piston rod from the cylinder and a second fluid chamber to be supplied with the
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`hydraulic fluid for introducing the piston rod into the cylinder (chamber 71 when pressurized exposes
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`more of the rightward end of 40; chamber 72 when pressurized exposes less of the rightward end of
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`rod 40); a spring configured to bias the manipulation lever in a neutral direction coaxially with the
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`piston rod (spring 181 acts axial against wall 62 and piston 34 to position piston 34 in the neutral
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`position shown in fig. 1, the lever is thus biased to Neutral); a pressure control valve configured to
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`selectively supply the hydraulic fluid to the first fluid chamber or the second fluid chamber, the
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`proportional pressure control valves being mounted to the cylinder case (valves 51 and 52 supplying
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`chambers 71 and 72, respectively, the valves shown mounted to cylinder 30 in fig. 3).
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`Erickson does not teach the valves are proportional, nor how the cylinder is mounted on the
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`machine.
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`Ishimori shows a variable swashplate transmission with a swashplate control actuator that shows
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`mounting and control specifics of the actuator in order to allow an easier and more precise control of
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`the swash plate. While Ishimori does not specifically state that the valve is proportional nor does it
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`show how a one-valve actuation system can be an alternate to a two-valve actuation system.
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`

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`Application/Control Number:15/920,167
`Art Unit:3745
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`Page4
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`Cronin shows multiple one and two valve actuation embodiments with electronic control, the
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`controller being able to tailor the differential pressure across the actuator to more accurately control
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`the swashplate angle, and when viewed in light of Nishi, it would be obvious to have this electronic
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`control executed by proportional solenoid valves.
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`It would have been obvious to a person having ordinary skill in the art, before the effective filing
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`date of the claimed invention, to modify the device of Erickson by using the actuator in a swashplate
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`transmission and mounting it to the casing as in lshimori in order to accurately control the
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`displacement of a pump/motor and to allow a detachable actuator to ease handling and allow
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`swapping for model changes (col. 2, para. 2).
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`It would have been additionally obvious to read the control descriptions of Cronin and Nishi to
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`arrive that the control valves use proportional control.
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`The modified device of Erickson teaches a pivot shaft configured to support the cylinder case
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`oscillatably with respect to the housing (pivot pin 12d with bolt 24).
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`Regarding claim 2, the modified device of Erickson teaches the proportional pressure control
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`valve is composed of a first valve configured to supply the hydraulic fluid to the first fluid chamber and a
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`second valve configured to supply the hydraulic fluid to the second fluid chamber, (Erickson, valves 51
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`and 52 shown inline mounted to the outside of the cylinder body 30 in fig. 3, where fig. 1 shows 51
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`allowing flow to and from 71 and 52 allowing flow to and from 72)
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`The modified device of Erickson has inline valves on an aXis parallel to the cylinder aXis, but does
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`not teach a triangle shape of three axes.
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`Since applicant has not disclosed that having the two valves arranged in a triangle with the
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`cylinder solves any stated problem or is for any particular purpose above the fact that the arrangement
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`reduces the size of the servo set in a radial direction, and it appears that in-line arrangement of the valves
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`in Erickson and lshimori would perform equally well with the triangle arrangement as claimed by
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`applicant, it would have been an obvious matter of design choice to modify the valves of Erickson by
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`utilizing the specific arrangement as claimed for the purpose of reducing the size of the servo set in a
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`radial direction.
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`

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`Application/Control Number:15/920,167
`Art Unit:3745
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`Page5
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`7)
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`8) Regarding claim 3, the modified device of Erickson teaches wherein the spring is arranged in the
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`aXial direction such that a coil aXis center of the spring and the aXis center of the piston rod are
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`substantially coincident with each other (spring 181 is shown uniformly spiraled around 40, thus
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`coaxial).
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`9) Regarding claim 4, the modified device of Erickson teaches the device of claim 3, but does not teach
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`the valves being located on the same side of the cylinder as each other.
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`Since applicant has not disclosed that having the two valves arranged in a triangle with the
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`cylinder solves any stated problem or is for any particular purpose above the fact that the
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`arrangement reduces the size of the servo set in a radial direction, and it appears that in-line
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`arrangement of the valves in Erickson and lshimori would perform equally well with the triangle
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`arrangement as claimed by applicant, it would have been an obvious matter of design choice to
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`modify the valves of Erickson by utilizing the specific arrangement as claimed for the purpose of
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`reducing the size of the servo set in a radial direction.
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`10)
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`11) Regarding claim 5, the modified device of Erickson teaches a mounting part disposed around and
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`secured to the pivot shaft such that the mounting part is oscillatable and is prevented from being
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`disengaged from the housing, wherein the mounting part is detachably mounted to the cylinder case
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`(lshimori, fig. 4, bracket 10 shown detachably mounted to pins 12d on the cylinder, and where bracket
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`10 is fixedly mounted to trunnion shaft 9 which is rotatably mounted to casing 5 of the transmission).
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`12)
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`13) Regarding claim 6, the modified device of Erickson teaches the cylinder case is mounted to the
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`mounting part such that an aXis line of the piston rod and an aXis line of the pivot shaft are overlapped
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`with each other in a plan view (lshimori, fig 4, pin placement aXis shown intersecting the aXis of rod
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`14).
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`14)
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`

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`Application/Control Number:15/920,167
`Art Unit:3745
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`Page6
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`15) Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Erickson in view of lshimori,
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`Cronin (US 8024925), and Nishi, as applied to claim 1, and further in view of Okada et al. (USPGPUB
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`20040011195), hereinafter “Okada“.
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`16) The modified device of Erickson teaches the device of claim 1, but does not teach that a portion of
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`the piston rod is threaded and subsequently connected to a mounting part.
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`Okada is a swashplate control mechanism that has a threaded rod that can be used to modify
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`control arm length in the machine. Thus, combined with the detachable nature of the actuator in
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`lshimori, it would be obvious to thread the leftward end of rod 40 in lshimori in order to provide
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`greater flexibility between models when mounting the rod end and the cylinder body to the hydraulic
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`machine casing.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to RICHARD C DRAKE whose telephone number is (303)297-4303. The examiner can
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`normally be reached on Monday-Thursday 0700-1700 MT.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Nathaniel Wiehe can be reached on (571) 272-8648. The fax phone number for the organization where
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`this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained from
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`either Private PAIR or Public PAIR. Status information for unpublished applications is available through
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`Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC)
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`at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative
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`

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`Application/Control Number:15/920,167
`Art Unit:3745
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`Page7
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`or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571 -272—
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`1000.
`
`/RICHARD C DRAKE/
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`Examiner, Art Unit 3745
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`/NATHAN|EL E WIEHE/
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`Supervisory Patent Examiner
`Art Unit 3745
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`