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 . .In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 23-26 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.
Claims 23-26, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 7-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffen et al. US 10,344,439 in view of Horst et al. WO 2005/02823.
Steffen et al. discloses a vibratory plate compactor (1) compactor comprising:
A handle (13) including at least one operating element to control and/or regulate the
direction, speed, on/off/idle of the compacting machine; Col. 5 ln. 55-Col. 6 ln. 55.
A vibrationally isolated frame (11), a compacting plate (12), at least one vibration
generator (6) having an eccentric weight (8) and driven shaft, both of which rotate
to generate compaction and propulsion forces.
An electric motor (7) configured to regulate the direction and speed of the vibration
generator (6). Col. 3, lns. 4-12.
A battery (3) configured to supply energy to the electric motor (7) and;
An electronic control unit (10) and drawbar (13) configured to permit an operator
“control and/or regulate the function of the vibratory plate”, such as forward and
backward directions. Col. 3, ln. 57-Col. 4, ln. 56; Figs. 1, 10.
A control lever (not numbered) see Fig. 10.
What Steffen et al. does not disclose is the use of a digital user interface.
However, Horst et al. disclose a digital user control panel (12) configured to be used remotely, or in an operator station on a machine to communicate wirelessly with a machine control device (14) to control the direction and speed of the machine, see Fig. 2B. Wherein the digital user control panel (12) comprises a digital user interface (34), including a graphical user interface including a touch sensitive screen including user operable inputs (38, 40) for controlling machine direction and speed. Wherein the user interface (34) can include keyboards, levers, dials, pointing devices, voice recognition or any other suitable user input device known in the art. See Pg. 2, ln. 12-32, Pg. 4 lns. 15-17, Pg. 6, ln. 6-Pg. 7, ln. 14. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the compacting machine of Steffen et al. with a digital user control panel as taught by Horst et al. in order to simplify and improve speed and direction control.
With respect to claims 7, 14 Steffen et al. discloses the electronic control unit can be designed to control and or regulate the direction and speed of rotation of the vibration generators to effectuate forward/backward travel and stationary operation, see col. 2, lns. 59-Col. 3, ln. 3. Wherein “in addition to the already described components, additional known assemblies can also be provided in or on the transmit units (17, 21).
Horst et al. disclose a digital user control panel (12) configured to be used remotely, or in an operator station on a machine to communicate wirelessly with a machine control
device (14) to control the direction and speed of the machine, see Fig. 2B. Wherein the digital user control panel (12) comprises a digital user interface (34), including a graphical user interface including a touch sensitive screen including user operable inputs (38, 40) for controlling machine direction and speed. Wherein the user interface (34) can include keyboards, levers, dials, pointing devices, voice recognition or any other suitable user input device known in the art. See Pg. 2, ln. 12-32, Pg. 4 lns. 15-17, Pg. 6, ln. 6-Pg. 7, ln. 14. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the compacting machine of Steffen et al. with a digital user control panel as taught by Horst et al. in order to simplify and improve speed and direction control.
With respect to claims 8-13, 16-17 Steffen et al. discloses the vibrating plate includes a frame vibrationally isolated from the plate, at least one electric motor configured to rotate at least one eccentric shaft, and a battery configured to power the electric motors. Wherein the ECU (10) is configured to control direction and speed of the vibration generator (6), thereby affecting forward/backward motion and stationary operation of the compaction machine (1). Horst et al. disclose a digital user control panel (12) configured to be used remotely, or in an operator station on a machine to communicate wirelessly with a machine control device (14) to control the direction and speed of the machine, see Fig. 2B. Wherein the digital user control panel (12) comprises a digital user interface (34), including a graphical user interface including a touch sensitive screen including user operable inputs (38, 40) for controlling machine direction and
speed. Wherein the user interface (34) can include keyboards, levers, dials, pointing devices, voice recognition or any other suitable user input device known in the art. See Pg. 2, ln. 12-32, Pg. 4 lns. 15-17, Pg. 6, ln. 6-Pg. 7, ln. 14. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the compacting machine of Steffen et al. with a digital user control panel as taught by Horst et al. in order to simplify and improve speed and direction control.
With respect to claims 19-22 Steffen et al. discloses the handle (13) includes at least one operating element to control and/or regulate the direction, speed, on/off/idle of the compacting machine. Col. 5, ln. 55-Col. 6, ln. 55. But does not disclose a digital user interface. However, Pedersen et al. teach it is known an operator control (112) may include a control panel (120)…for example a keyboard, keypad, touchscreen, lever, knob, scroll wheel, switch, dial, handle joystick, or a bezel input device. Wherein the
touchscreen can be capacitive, resistive, surface acoustic, or infrared based input device. See [0053]. Graham et al. also teaches a user interface (126) including an input device, such as switches, dials, knobs, joysticks, handles, touchpads and the like. Wherein effective control of individual components of the paving machine (100) may generally be enabled using a combination of electrical and mechanical adjustments. See [0019-20]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the compactor of Steffen et al. with the touchscreen displays as taught by Pedersen et al. and Graham et al. in order to improve the accuracy of adjustments
Claim(s) 15, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffen et al. US 10,344,439 in view of Horst et al. WO 2005/028273 as applied to claims 11, 13 above, and further in view of Pedersen et al. US 2016/0063907.
Steffen et al. disclose essentially all that is claimed except for a capacitive touch screen. However, Pedersen et al. teach it is known an operator control (112) may include a control panel (120)…for example a keyboard, keypad, touchscreen, lever, knob, scroll wheel, switch, dial, handle joystick, or a bezel input device. Wherein the touchscreen can be capacitive, resistive, surface acoustic, or infrared based input device. See [0053]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the compactor of Steffen et al. in view of Horst et al. with a capacitive touchscreen display as taught by Pedersen et al. in order to improve the accuracy of adjustments made during operation of the compactor.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-22 have been considered but are moot because the new ground of rejection does not rely on all the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Response to Amendment
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. This Office Action is non-final.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 8/3/2026
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