OFFICE ACTION after RCE
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300.
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 .
Priority
Acknowledgment is made of applicant's claim for domestic priority under 35 U.S.C. § 119(e).
Specification
The Abstract of the Disclosure is approved.
The title is acceptable.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11 AUG 2025 has been entered.
Claim Rejections - 35 USC § 103
To determine whether subject matter would have been obvious, "the scope and content of the prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in the pertinent art resolved .... Such secondary considerations as commercial success, long felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to be patented." Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17-18 (1966).
The Supreme Court has noted:
Often, it will be necessary for a court to look to interrelated teachings of multiple patents; the effects of demands known to the design community or present in the marketplace; and the background knowledge possessed by a person having ordinary skill in the art, all in order to determine whether there was an apparent reason to combine the known elements in the fashion claimed by the patent at issue.
KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1740-41 (2007). "Under the correct analysis, any need or problem known in the field of endeavor at the time of invention and addressed by the patent can provide a reason for combining the elements in the manner claimed." (Id. at 1742).
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 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
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.
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.
The instant office action conforms to the policies articulated in the Federal Register notice titled “Updated Guidance for Making a Proper Determination of Obviousness” at 89 Fed. Reg. 14449, February 27, 2024, wherein the Supreme Court’s directive to employ a flexible approach to understanding the scope of prior art is reflected in the frequently quoted sentence, ‘‘A person of ordinary skill is also a person of ordinary creativity, not an automaton.’’ Id. at 421, 127 S. Ct. at 1742. In this section of the KSR decision, the Supreme Court instructed the Federal Circuit that persons having ordinary skill in the art (PHOSITAs) also have common sense, which may be used to glean suggestions from the prior art that go beyond the primary purpose for which that prior art was produced. Id. at 421–22, 127 S. Ct. at 1742. Thus, the Supreme Court taught that a proper understanding of the prior art extends to all that the art reasonably suggests, and is not limited to its articulated teachings regarding how to solve the particular technological problem with which the art was primarily concerned. Id. at 418, 127 S. Ct. at 1741 (‘‘As our precedents make clear, however, the analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.’’). ‘‘The obviousness analysis cannot be confined . . . by overemphasis on the importance of published articles and the explicit content of issued patents.’’ Id. at 419, 127 S. Ct. at 1741. Federal Circuit case law since KSR follows the mandate of the Supreme Court to understand the prior art— including combinations of the prior art—in a flexible manner that credits the common sense and common knowledge of a PHOSITA. The Federal Circuit has made it clear that a narrow or rigid reading of prior art that does not recognize reasonable inferences that a PHOSITA would have drawn is inappropriate. An argument that the prior art lacks a specific teaching will not be sufficient to overcome an obviousness rejection when the allegedly missing teaching would have been understood by a PHOSITA—by way of common sense, common knowledge generally, or common knowledge in the relevant art. For example, in Randall Mfg. v. Rea, 733 F.3d 1355 (Fed. Cir. 2013), the Federal Circuit vacated a determination of nonobviousness by the Patent Trial and Appeal Board (PTAB or Board) because it had not properly considered a PHOSITA’s perspective on the prior art. Id. at 1364. The Randall court recalled KSR’s criticism of an overly rigid approach to obviousness that has ‘‘little recourse to the knowledge, creativity, and common sense that an ordinarily skilled artisan would have brought to bear when considering combinations or modifications.’’ Id. at 1362, citing KSR, 550 U.S. at 415–22, 127 S. Ct. at 1727. In reaching its decision to vacate, the Federal Circuit stated that by ignoring evidence showing ‘‘the knowledge and perspective of one of ordinary skill in the art, the Board failed to account for critical background information that could easily explain why an ordinarily skilled artisan would have been motivated to combine or modify the cited references to arrive at the claimed inventions.’’ Id.
From Norgren Inc. v. Int’l Trade Comm’n, 699 F.3d 1317, 1322 (Fed. Cir. 2012) (‘‘A flexible teaching, suggestion, or motivation test can be useful to prevent hindsight when determining whether a combination of elements known in the art would have been obvious.’’); Outdry Techs. Corp. v. Geox S.p.A., 859 F.3d 1364, 1370–71 (Fed. Cir. 2017) (‘‘Any motivation to combine references, whether articulated in the references themselves or supported by evidence of the knowledge of a skilled artisan, is sufficient to combine those references to arrive at the claimed process.’’). In keeping with this flexible approach to providing a rationale for obviousness, the Federal Circuit has echoed KSR in identifying numerous possible sources that may, either implicitly or explicitly, provide reasons to combine or modify the prior art to determine that a claimed invention would have been obvious. These include ‘‘market forces; design incentives; the ‘interrelated teachings of multiple patents’; ‘any need or problem known in the field of endeavor at the time of invention and addressed by the patent’; and the background knowledge, creativity, and common sense of the person of ordinary skill.’’ Plantronics, Inc. v. Aliph, Inc., 724 F.3d 1343, 1354 (Fed. Cir. 2013), quoting KSR, 550 U.S. at 418–21, 127 S. Ct. at 1741–42.
The Federal Circuit has also clarified that a proposed reason to combine the teachings of prior art disclosures may be proper, even when the problem addressed by the combination might have been more advantageously addressed in another way. PAR Pharm., Inc. v. TWI Pharms., Inc., 773 F.3d 1186, 1197–98 (Fed. Cir. 2014) (‘‘Our precedent, however, does not require that the motivation be the best option, only that it be a suitable option from which the prior art did not teach away.’’) (emphasis in original). One aspect of the flexible approach to explaining a reason to modify the prior art is demonstrated in the Federal Circuit’s decision in Intel Corp. v. Qualcomm Inc., 21 F.4th 784, 796 (Fed. Cir. 2021), which confirms that a proposed reason is not insufficient simply because it has broad applicability. Patent challenger Intel had argued in an inter partes review before the Board that some of Qualcomm’s claims were unpatentable because a PHOSITA would have been able to modify the prior art, with a reasonable expectation of success, for the purpose of increasing energy efficiency. Id. at 796–97. The Federal Circuit explained that ‘‘[s]uch a rationale is not inherently suspect merely because it’s generic in the sense of having broad applicability or appeal.’’ Id. The Federal Circuit further pointed out its pre-KSR holding ‘‘that because such improvements are ‘technology independent,’ ‘universal,’ and ‘even common-sensical,’ ‘there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves.’ ’’ Id., quoting DyStar Textilfarben GmbH v. C.H. Patrick Co., 464 F.3d 1356, 1368 (Fed. Cir. 2006) (emphasis added by the Federal Circuit in Intel). When formulating an obviousness rejection, the PTO may use any clearly articulated line of reasoning that would have allowed a PHOSITA to draw the conclusion that a claimed invention would have been obvious in view of the facts. MPEP 2143, subsection I, and MPEP 2144. Acknowledging that, in view of KSR, there are ‘‘many potential rationales that could make a modification or combination of prior art references obvious to a skilled artisan,’’ the Federal Circuit has also pointed to MPEP 2143, which provides several examples of rationales gleaned from KSR. Unwired Planet, 841 F.3d at 1003.
Claims 15-18, 20, 22, 24-28, and 31-35 are rejected under 35 U.S.C. 103 as being unpatentable over HAZRATI et al. (US 2011/0029134 A1) in view of DICKERMAN et al. (US 2017/0080600 A1) and WO 2017/072223 A2.
The publication to HAZRATI et al. discloses a method for monitoring fresh concrete being handled in a drum of a concrete mixer, the method comprising:
using a controller 12 disposed on the concrete mixer vehicle including a processor and a non-transitory memory 14 having stored thereon instructions that when executed by the processor perform the steps of: receiving a set of measurand values generated by various sensors 16 associated with a concrete mixer ¶ [0042], the measurand values being associated with at least one of the fresh concrete, the drum and components of the concrete mixer (values obtained from monitoring equipment/sensors at 1 - Figure 8); using a trained data processing engine stored on the non-transitory memory 14, at least one of firstly determining a property value indicative of a property of the fresh concrete, determining a parameter value indicative of a parameter of the drum, and determining that the set of measurand values are indicative of operating conditions of the concrete mixer; and then subsequently outputting a signal based on said determining - see at least ¶ [0054] - [0061], [0071], [0075], [0079], [0092] and Figure 8 for the subject matter of 15; and for the trained data aspect see [0084] - [0086];
wherein the property is a property selected in a group consisting of: viscosity, yield, slump, density and air content - see at least ¶ [0042], [0045], [0079] for the subject matter of claim 16;
wherein the parameter is selected in a group consisting of: drum cleanliness and drum speed - see at least ¶ [0042], [0045], [0079] for the subject matter of claim 17;
wherein the set of measurand values includes a set of drum speed values indicative of a rotation speed of the drum as measured by a drum speed sensor associated with the concrete mixer, said determining being further based on said set of drum speed values - for the subject matter of claim 25 see [0021] - [0025], [0042], [0045], [0071];
wherein the set of measurand values includes a set of hydraulic pressure values indicative of pressure exerted on a hydraulic fluid used to drive rotation of the drum as measured by a hydraulic pressure sensor associated with the concrete mixer, said determining being further based on said set of hydraulic pressure values - for the subject matter of claim 26 see [0008], [0042], [0067];
wherein the set of measurand values includes a set of temperature values indicative of temperature of the fresh concrete inside the drum as measured by a temperature sensor associated with the concrete mixer, said determining being further based on said set of temperature values - for the subject matter of claim 27 see [0021] - [0025], [0042], [0045], [0071];
wherein said determining is further based on a data set measured by at least another sensor - for the subject matter of claim 28 see [0042], [0071];
wherein the property is selected in a group consisting of: viscosity, yield, slump, density and air content - for the subject matter of claim 29 [0015], [0026], [0059];
wherein the trained data processing engine is configured to associate property values to corresponding measurand values - for the subject matter of claim 31 see [0084] - [0086].
HAZRATI et al. does not disclose the wireless communication link for communication with a remote controller, generating an alert and transmitting such alert, or the recited determining of abnormal operating conditions.
DICKERMAN et al. discloses an analogous control system and method for a concrete mixer including a drum speed sensor that is provided in the form of an accelerometer [0051], generating an alert upon comparing the determined property value of the fresh concrete to a corresponding property value threshold, the alert being indicative of abnormal operating conditions [0014], [0041], [0049], [0056]; wherein said generating includes at least one of transmitting the alert to an external network and storing the alert in an accessible memory system [0059], wherein said determining includes determining that the set of measurand values are indicative of abnormal operating conditions of at least one of the sensor, the drum and the concrete mixer [0014] thus suggesting maintenance or repair of the element responsible for the alert condition; multiple controllers connected via a wireless or wired network for transmitting therebetween [0013], [0034], [0036] - [0038], [0044], [0045], [0058], [0059]; wherein the first controller is remotely positioned relative to the second controller [0013], [0034], [0036], [0038], [0039], [0044], [0058], [0059]; wherein the set of measurand values includes a set of hydraulic pressure values indicative of pressure exerted on a hydraulic fluid used to drive rotation of the drum as measured by a hydraulic pressure sensor associated with the concrete mixer, said determining being further based on said set of hydraulic pressure values [0060].
Control panel 150, which is shown in more detail in FIG. 4 might be equipped with a touchscreen 152 only and fully operated with the fingers or a stick by the operator. Control panel 150, as shown in FIG. 4 includes a display 152 in connection with softkeys 154 at the sides of the display, which change their functionality when going through the various operating menus of the system. In machine environments like a truck mixer, where an operator often wears work gloves, the operation by softkeys could be used in place of a pure touchpad operation (though touchpad operation can be employed in the disclosed embodiments and can a mixture of touchpad/screen display and softkeys).
With regard to the controller displaying on a display interface data such as the measurand values from the sensors related to vehicle and/or mixture parameters, the corded control device 160 and wireless control device 170 are shown located at the rear of the truck 110. Corded control device 160 might be located at a fixed location but could be fixed releasably attached in a holder and when an operator releases the corded control device from the holder it stays in electrical contact with the truck mixer through a helical cable, so that the operator can move around with the corded control device for better surveying the machine operation. Either or both device 160 and device 170 can provide a communication capability, such as one-way or two-way communication by, for example, having transmitter and receiver components. Bluetooth™, WLAN or any other standard could be used for shorter range communication. For example, the operator of the mixer truck 110 can use either device 160, 170 to control the mixer drum. In FIG. 2 wireless control device 170 is equipped with a display screen 172 but also the corded control device might be equipped with a display screen so that either or both devices 160, 170 can display the truck mixer control system outputs such as the mixer drum RPM, drum revolutions, hydraulic fluid temperature, hydraulic system pressure, load size outputs, load size inputs, maintenance issue notifications, safety checklists, maintenance checklists, customer signature, and customer confirmation of order, all of which can be stored in the controller 140. In some embodiments, wireless device 170 is a cell phone or tablet with an app that provides an interface that displays and enables control of the above-mentioned mixing and truck parameters. Corded control device 160, as shown exemplary in FIG. 2, contains operation keys 161 with control lamps 162 which can change their color and/or switched on and off separately. This way the operator can see the status of the controlled devices from the operation keys 161. Instead of physical keys, wireless and corded control device 160, 170 might be equipped with a touchscreen. In addition to or in place of either devices 160, 170, a device with the same or similar capabilities can be fixed to the truck 110 (i.e., not corded or intended to be separated from the truck when used) such that an operator would use it when standing by the truck; it could be either hardwired directly or indirectly to the controller 140 and/or other components or wirelessly in communication with them.
The shorter range transceiver 102 can be configured to or provide a means for communication with the devices located on or near to the mixer truck, so that e.g. the operator of wireless control device 170 can control mixer functions and other truck functions from a location where the operator can be carrying out other tasks or where environmental conditions for the operator are different from conditions at the rear of truck 110. Such control and communication devices are commercially available from a variety of known sources.
The mixer truck 110 may be additionally equipped with a longer range wireless transceiver 104 (e.g., operating with a cellular phone standard like GSM, UMTS, LTE and the like) for communication with a batch plant control system, a customer to whom concrete is delivered, the concrete truck mixer base or any other offsite server/system. Transceivers 102 and 104 might not be separated but rather integrated into one device. Transceivers 102 or 104 might also be used to exchange communication signals with the concrete pump truck with distribution boom of FIG. 1c during the concrete placement for aligning the concrete discharge rate from the truck mixer 110 with the concrete pumping speed of the concrete pump.
Either or both devices 160, 170 and/or control panel 150 and variations thereof can be used by the operator to go through a checklist which can be loaded in controller 140. The operator can select and verify items within the checklist. The prior selections made by the operator and the available options or selections to be made by the operator can be displayed on the screen of either or all of device 160, 170 and/or control panel 150. A batch plant output or data set can also be loaded into any of device 160, 170 and/or control panel 150 and transmitted to the customer such that the customer can confirm the output by sending back a communication signal to the devices 160, 170, control panel 150, the controller 140 or another component of the truck 110 having a data storage, or to a data storage device separate from the truck 110 such as at an offsite server or other data storage device. The customer's signal could effectively be something like: “Confirmed,” “Approved,” or “Not Confirmed” or “Not Approved.” After a customer confirmation or approval has been received, a communication containing an invoice can be sent to the customer. This could be done manually or automatically through any of the devices 160, 170, the control panel 150, the controller 140 or another communication device of the truck 110 or a device located off the truck, such as the previously noted server.
Similarly, either device 160, 170 or the control panel 150 (or other variations mentioned herein) can transmit select data from the two-way communication to a desired location for data processing. Still further, the communications described herein can also be one-way, for example, from the devices described herein to a desired location. Examples of select data being communicated include slump readings; engine rpms; drum revolutions; oil/fluid temperature; oil/fluid overheat or high temperature instances and duration (for example, being based off of operational manual information); additions of water to the load; water volume status in water tank; water temperature in water tank for example to prevent freezing; maintenance data including total number of drum revolutions, hours of operation or other metrics, such that after a particular number is reached, the rollers for example could be replaced to avoid failing and the maintenance team or maintenance programming could be effectively alerted to order parts and have the parts installed, or such that standard operation items are checked based on the particular number reached.
Other data/information that could be transmitted using such devices is ticket/load data from the batch plant, including the addition of water on site, customer signature, customer contact information, number of mix revolutions, slump reading for theoretical slump. And for example, when the total mix revolutions for a load reaches, for example, 300 revolutions (note American Concrete Institute standards regarding mix revolutions) or approaches 300 revolutions such as at 50, 100, 150, 200, and 250 revolutions (or at a larger or smaller increments or at different numbers), this data can be captured and/or used to alert the appropriate person(s).
Captured data could also be used in conjunction with Department of Transportation or intracompany drive inspections and confirmations of checklist. In some embodiments, the above-described checklists can be viewed and utilized on displays of device 160, 170. Other examples of captured data including drum rotation direction(s), part or all of the load sequence (such as the batch, drive to job, discharge at job, clean up, return to plant) so the ready mix operation knows the status of the truck/load from the mixer controller rather than a separate system. Still other captured data or information can be in the form of images or image data from cameras, which could be sent to the ready mix operation for analysis including operator performance and/or training.
In addition, device 160, 170 or the control panel 150 can provide communication, coordination and/or feedback between or involving the mixing of the concrete and the pumping of the concrete for truck 110, which include both mixing and pumping systems as shown in FIG. 1 b, or for a mixer truck that does not include a pumping system but is configured to work in conjunction with a separate pumping device, such as a truck-mounted concrete pump as shown in FIG. 1 c. For example, if controller 140 received a signal from device 160, 170 or panel 150 to turn off concrete pump 180, then controller 140 could, via its programming, send a signal that stops or slows the rotation of the mixer drum 128. For example, if controller 140 received a signal from device 160, 170 or panel 150 to turn off concrete pump 180, then controller 140 could, via its programming, send a signal that stops or slows the rotation of the mixer drum 128. This could prevent or reduce overfilling the hopper 182 and air entering the concrete pump 180.
As noted, either or both corded control device 160 and wireless control device 170 can be used to control one or more of the mixer functions from the rear of the truck 110 (as compared to control panel 150 that can be used to control one or more of the mixer functions from within the cab of truck 110). Not shown but understood is a communication cord or cable that connect corded control device 160 to controller 140. Either device 160, 170 can include a display, such as a liquid crystal display, that can for example show settings for and readings of functions of truck 110 including those for one or more of the mixer functions and pump functions. Each device 160, 170 can also, as previously noted, include a transmitter and receiver that allow a user to communicate with controller 140, control device 150, other parts of truck 110. Specifically regarding wireless control device 170, it can be configured to have a communication range with the controller 140 and other such devices, of approximately 10 meters, 50 meters or other ranges. In case the wireless device 170 is equipped with a long range radio transceiver it might also communicate with components, servers, and other devices and systems remote from truck 110.
Wireless control device 170 might also be enabled to store checklist data or any other kind of data which is wirelessly received from controller 140 or in any other way. The wireless control device 170 might then be taken physically to a batch plant operation system or a customer data terminal which is also equipped with a shorter range communication functionality, so that the data from the storage of the wireless control device 170 can be exchanged also with more distant devices without having long range communication capabilities.
Truck 110 (as well as truck 10 and other truck embodiments) can also include various other components, systems, subsystems, assemblies and subassemblies. For example, truck 110 can include a hydraulic system, various engine control components, chute control mechanics such as a joystick in communication with one or more actuators for moving the chute, a GPS system, sensors, actuators, and additional communication and/or control devices. For example, truck 110 can include incline sensor 190 such as an inclinometer, altimeter, GPS sensor, etc., or a plurality of such sensors, each of which can be used to sense, detect and/or measure the degree of incline of an aspect of truck 10, 110 or another truck (or drum 28, 128 or other drum of a truck).
An incline sensor 190 could be positioned or configured to sense, detect or measure incline of truck 110 or its drum from the front to its back or the truck or drum, such as when truck 110 is traveling up or down a hill or is parked on a hill. A sensed or detected degree of incline can be used to manually or automatically adjust the RPM of mixer drum. For example, when the mixer opening is at the back of the truck and the truck is inclined such that the back is lower than the front and concrete can spill from the mixer, a signal from the incline sensor 190 to the controller 140 can cause the mixer RPM to be increased to prevent or reduce any spillage. Conversely, a detected change in inclination in the opposite direction, such as when truck 110 is going down a hill or is parked with the front of truck 110 facing downhill, could be used to cause a decrease in the rotation speed of mixer drum. For example, incline sensor 190 could take an incline degree reading and the controller 140 could compare it to the slump reading, for example, the hydraulic pressure and adjust the drum speed depending on these inputs to prevent spillage of concrete. In some embodiments, controller 140 could be configured to access the vehicle network for fetching data from a GPS sensor, which could be used for a navigational system of the truck or a position determination. Because a GPS sensor is able to provide horizontal and vertical position information, controller 140 could determine the incline of the truck from the GPS data while travelling. Further truck engine data can be taken into account, e.g. high current fuel consumption, in connection with constant or declining truck speed can indicate an incline of the street. Truck speed might also be determined from wheel sensors, which are generally used by vehicles today for stabilizing the driving vehicle or determining vehicle position where no GPS satellite system is available (e.g. in tunnels). Various other methods for determining an incline without a separate incline sensor could be possible.
Still in another embodiment, an incline detector or sensor 190 could be positioned to detect an incline of the truck in the side-to-side direction. When a sufficient angle of incline is detected, the controller 140 could cause the drum speed to reduce or stop or even cause the drum 28 to reverse in direction. This could be used to shift the center of gravity of the load for more stabilization of the mixer truck and/or to reduce spillage, particularly when the incline is in a direction that coincides with the internal drum fin configuration that would create more risk of spillage than if the incline were in the opposite direction.
Truck 110 can also include a slump sensor 210 (not shown in FIG. 2, but in FIG. 3) that detects the slump of the payload. Slump indicates the fluidity (e.g., viscosity) of concrete in the drum 28. Slump sensing and sensors are known. Slump sensor 210 can be hydraulic and/or electric sensors or other known sensors for measuring the energy, torque, or the like for turning the mixing drum, speed sensor for measuring the speed of rotation, temperature sensors for monitoring the atmospheric temperature as well as the mix temperature, and dispensing equipment, as well as the computer processing units for receiving and processing the signals from such sensors to determine a value analogous to the slump of the concrete in drum. Examples of such slump detectors are known.
The slump data can be used alone or in conjunction with other data. In one embodiment, slump data alone can be used by the controller to start/set/control/adjust/stop drum rotational speed to reduce or eliminate spillage. For example, a certain slump reading could cause the controller 140 to increase the drum rotational speed. And as noted, the controller could use slump data along with other data such as an incline angle sensed by incline sensor 190. For example, when slump is at a particular level and truck 110 is going up a hill (or is parked on a hill with the front of truck 110 facing uphill) and therefore inclined, spillage of concrete from drum can result. As a similar example, if slump remains constant and the incline of the hill increases, spillage can result. As another example, if the incline of the hill remains constant (e.g., truck 110 is parked on a hill) and the slump increases, then spillage can result. As one example, when a change in incline and/or slump is sensed by inclinometer 190 and/or slump sensor 210 that could result in spillage (or increased spillage), then the programming within controller 140 could cause the rotational speed of the drum (in charge direction) to increase to prevent or reduce spillage, i.e., discharge or loss of concrete from drum 28. As another example, when incline sensor 190 indicates that truck 110 is inclined oppositely, such as when it is traveling down a hill (or is parked on a hill with the front of truck 110 facing downhill), then the drum speed can be decreased or even stopped.
In another embodiment, an accelerometer 195 (or a plurality of accelerometers) can be used to detect/measure changes in speed including changes in acceleration. Data relating to speed or acceleration change can be used by the controller to change aspects of the truck properties, like those noted herein. For example, when the speed of the truck increases, the greater potential spillage or unintentional discharge can be countered by the controller causing the drum rotational speed to increase. As another example, when the speed of truck 10, 110 decreases, the controller 140 can cause the drum rotational speed to decrease to, for example, reduce the wear on the drum-related components, reduce fuel usage/cost, reduce the flow of concrete within the drum toward the front of the drum (i.e., to have further control of the movement of the concrete within the drum), or reduce the number of mixing revolutions (i.e. load life). Alternatively, the controller can cause the drum rotational direction to change, for example, to provide one or more of the above effects. And similarly, the accelerometer can be used to sense changes in direction and the signals associated with this sensed changed that are received by the controller can be used similarly to affect one or more of the truck properties including drum rotational speed, drum rotational direction, and the like. In some embodiments, the controller 140 is configured to detect, measure, and/or count the number of revolutions the drum makes. After a predetermined number of revolutions, the controller 140 can change the rotational speed of the drum. For example, when mixing concrete in the drum, it may be desirable to initially rotate the drum at a high RPM (e.g., 12 RPM) and reduce the RPM (e.g., 6 RPM) after a certain number of revolutions (e.g., 75 in some embodiments). In some embodiments, the controller 140 is configured to detect that the truck is in motion (e.g., after releasing a parking brake, engaging drive, detecting truck acceleration) and change the rotational speed of the drum. As said above in connection with the incline sensor 190, instead of or in addition to a physical acceleration sensor, the controller 140 might fetch a variety of data from the truck network from which acceleration of the truck can be determined indirectly with some mathematical algorithms.
The rotation speed and rotation direction of a drum of a concrete mixing truck influences the position of the center of gravity of the truck and therefore the truck stability while the truck is driving. When the center of gravity of a truck changes to the wrong side while the truck is driving in a curve, the change of the center of gravity increases the risk that the truck is tipping. Also, quick changes of the drum rotational speed, while the truck is driving with high speed on a road, can influence the driving stability of the truck. For this reason, wheel sensors and/or a GPS sensor or any other suitable sensor might be used to detect the driving state of the truck (e.g., speed, direction change) and this data can be used to delay and/or stop changes in the rotational speed of the drum. In cases where a change of rotational speed of the drum will have a positive effect on the driving stability, because the center of gravity of the truck is going into a direction supporting the truck stability, the change of the drum revolutions will be allowed. Further data from an inclinometer can be used to measure the inclination of the truck relative to its sides and the data from this additional inclination sensor can be used to start/stop and/or increase/decrease the rotational speed of the drum.
Changes to the rotational speed of the drum while the truck is in motion should occur smoothly. The rate of change can depend on the vehicle speed. For example, changes to rotational speed of the drum might be low at a high vehicle speed but faster at a lower vehicle speed (e.g., when the truck is climbing up a hill with low speed). In some embodiments, a faster change of rotational speed can be allowed to avoid spillage, without compromising stability of the truck. In some embodiments, the truck includes a warning system to provide a driver of the truck an opportunity to manually override an automatic change of the rotational speed of the drum. For example, the warning system can include an optical or acoustic warning signal that is initiated before the rotational speed change so that the driver is aware that the center of gravity of the truck will change and give the driver an opportunity to stop the automatic drum speed change by pressing a control button or calling out a stop signal, which could be received by a voice recognition unit.
In some embodiments, truck 10, 110 also includes proximity sensors, such as RFID sensors and the like. An RFID sensor, for example, can be configured to communicate with other proximity sensors. For example, a truck-mounted RFID sensor can be configured to communicate with another RFID sensor positioned at a batch plant. If the truck-mounted RFID sensor detects that the truck is at a position at the batch plant where it is logical to change the rotational speed of the rotating drum (e.g., turning off the rotational drum to save fuel), the truck-mounted RFID sensor can communicate with controller 140, which effects such change in rotational speed. In some embodiments, the truck 10, 110 includes a warning system to provide a driver of the truck an opportunity to manually override an automatic change of the rotational speed of the drum. For example, the warning system can include an optical or acoustic warning signal that is initiated before the rotational speed change so that the driver is given an opportunity to stop the automatic drum speed change by pressing a control button, etc.
Different combinations or permutations of sensed data, including data relating to slump, front-back incline, side-to-side incline, speed or acceleration changes, and other data disclosed herein can be used to reduce spillage, save fuel, reduce wear, extend load life, and/or accomplish or contribute to other objectives disclosed herein.
Truck 10 or 110, using the controller 140, can be used to carry out a particular mix and load function that reduces fuel consumption/cost. One approach or embodiment to carry out this function is for the operator to push the load function on one of the previously described user interface devices, such as devices 160, 170, which causes the controller to cause truck idle to change such that drum rotational speed increases but not to maximum drum speed. The increase in drum speed could be, for example, 2 rpms. This change can be a way of making the operator aware that an operation relating to the truck is occurring or about to occur. With this approach, when the addition of concrete to the drum is sensed by, for example, an increased demand on the hydraulic system, e.g., hydraulic pressure increase, then the controller 140 can be configured to cause the drum speed to increase to a higher speed, such as maximum speed, or to alert an operator to increase the drum speed.
Also, the control system, for example controller 140, can receive data relating to slump/hydraulic pressure to establish a baseline and can later receive data relating to a pressure increase (slump/hydraulic), which can effectively mimic the batch sequence starting. The control system can then turn the drum rpm to a specific setting and can cause the truck throttle rpm to change such that a different drum rpm is achieved. This can result in a fuel savings because the truck rpm setting will be variable based on rpm requirements of the drum, and the truck would not need to sit under the batch plant at full rpm waiting for the batch plant to start loading the truck. The operator has the ability to override this auto-load function if desired to control truck and mixer drum rpm. In addition to saving fuel, there is potential to save drum revolutions, decrease drum wear (fewer revolutions), decreased revolutions on gearbox and hydraulic system, potential savings on wear-and-tear on truck suspension components. The reduced component wear should reduce maintenance intervals saving the mixer operation maintenance costs on parts and labor.
FIG. 3 is a block diagram showing one embodiment with several components and communication, control and/or use pathways, approaches or methods for a mixer truck such as truck 10, 110 or another truck. This is an exemplary diagram, which like the other illustrations and textual descriptions, is to be taken to also disclose embodiments with fewer or more than the shown components, pathways, approaches and methods. That is, variations or modifications to the embodiment shown in FIG. 3 are envisioned, including different combinations or permutations of some or all of the items noted in this embodiment. As shown, this embodiment includes controller 140 in communication with several components including three communication and/or control devices (i.e., control panel 150, corded control device 160, wireless control device 170), incline sensor(s) 190, accelerometer(s) 195, slump sensor 210, engine speed sensor 212, other sensors, mixer controls 220, engine controls 224, pump controls 222, other controls (with controls meaning control devices, controllers or other control hardware, programming, etc. As previously noted, the controller can also access information from the truck mixer J1939 network and/or the ECU (Electronic Control Unit) of the truck to determine e.g. vehicle speed (in place of or in addition to vehicle speed sensor 212) and can be linked with the mixer control system. This figure provides multiple approaches or methods for making use of the devices and methods described herein.
FIG. 3 also shows a wireless transceiver 202/204 connected to controller 140 that communicates with one, more or all the noted devices, particularly cordless devices such as wireless control device 170. As explained above, a wireless shorter range transceiver 202 is integrated with a wireless long range transceiver 204 which can communicate as well with a customer and offsite data storage and/or processing equipment such as offsite servers. Transceivers 202, 204 can be implemented while being separated from each other. Wireless transceivers 202, 204 can also be integrated with or into the controller 140.
Constant drum speed can be provided to truck 10, 110 using the approach disclosed in U.S. Pat. No. 7,722,243. Alternatively, it can be provided at any and all times when using the embodiments noted herein regardless of vehicle speed. For example, the constant drum speed can be set and/or maintained based on data (signal) from a speed sensor that senses the speed of one or more gears of the gearbox. For example, the gear speed sensor can be used to count the gear teeth moving past a particular point within a particular period of time to determine the speed of the gear and the controller can be configured to use the teeth per unit time and establish the drum speed with a formula or algorithm that correlates the teeth per unit time for a particular gear with the rotational speed of the drum. Other structures than the teeth can be used with this method such counting the rotations of a driveshaft, belt or other component that is connected to and moving in correlation with the drum. This method can be used in place of other methods that sensing a different property, such as hydraulic pressure, that can be used to correlate to drum speed but with or potentially with lesser accuracy. The controller 140 can receive readings or data from the drum speed sensor and can use a mathematical formula to calculate or correlate to the drum rotational speed to turn the drum at a drum rpm setting requested by the operator. For example, if the operator sets the required drum rpm to 3, 4, 5, 6, etc., rpms the drum will automatically turn at that setting regardless of a vehicle threshold speed. In the event of a loss, failure or malfunction of the drum speed sensor, truck 110 is configured to permit the operator to manually adjust charge/discharge and generally have control over the mixer. This approach or method remains effective even with wear in the hydraulic system that involves for example internal leakage of hydraulic fluid because the drum speed determination is not based on a hydraulic measurement such as hydraulic pressure or oil flow, but is based on a more direct method of determining drum speed (i.e., gear speed with the appropriate gear-based formula to equate to drum speed).
FIG. 4 shows one embodiment, which is a view of the control panel 150 with display 152 and softkeys 154. The upper three softkeys on the left side are enabled to control the booster axle of the mixer truck. A further softkey on the left side is used for controlling e.g. the worklight at the rear of the truck mixer and one more softkey on the left side controls a camera, which might be a rear view camera, so that the rear of the truck is shown on the display when the truck is moving backwards. The upper softkey on the right side can be used for opening a menu for controlling the rpm of the mixing drum, while the two softkeys below this key are arranged to change the drum rotation direction. Another drum counter softkey is used to check the number of drum rotation, e.g. since the last drum service. An additional joystick/mouse control is used to select items on the display. Various similar embodiments can involve fewer or more functionalities and fewer or more softkeys, or can involve the use of keys other than softkeys or, as previously noted, the use of a touchscreen. All of the above structures can provide means for selecting turning on or off or adjusting a functionality, effect, setting or other aspect.
Besides the softkey functionalities disclosed above, the display 152 shows status information of the truck and the mixing system. In FIG. 4 the display 152, for example, shows whether or not the constant drum speed feature is enabled, whether or not the drum discharges, the booster axle pressure on the ground and the current number of drum rotations per minute. Other status data might be shown in other menu instances.
It would have been obvious to one skilled in the art before the effective filing date of the invention to have provided the method of HAZARATI et al. with disclose the wireless communication link for communication with a remote controller, generating an alert and transmitting such alert, or the recited determining of abnormal operating conditions as disclosed by DICKERMAN et al. to enable the sensing of desired parameters of the mixer truck and concrete properties, to transmit signals related to the parameters over a wired or wireless network, and such that an alert status or state of abnormal operating conditions can be communicated to offsite personnel or computer hardware for suitable corrective action such as maintenance or repair therebetween [0013], [0034], [0036] - [0038], [0040] - [0045], [0047] - [0059].
HAZRATI et al. does not disclose the rheological probe.
WO 2017/072223 A2 discloses mixer trucks, and more specifically to methods and systems for use in determining the rotational speed of a rotary drum of a mixer truck. Mixer trucks have long been used in a variety of industries - most notably the construction industry - for transporting materials from one location to another while maintaining the state of the materials by substantively continuously agitating the contents of a drum of the mixer truck. The motion of the drum may be used to mix and homogenize the materials. Mixer trucks may also be used to combine a plurality of separate materials, which may form a single resultant product: one common example of this involves adding dry cement mix and water to the drum to form 'ready-mix' concrete by mixing the cement mix with the water.
It can be useful to measure the rotational speed of the drum of the mixer truck, as this may provide information about a variety of factors, including mixing rate, flow rate, viscosity, and the like. This reading can be useful, for instance when using a probe inside the drum to measure properties of ready-mix concrete such as viscosity, for instance, which requires a measurement of the speed of the drum. Automating the measuring of the rotational speed of the mixer truck in a manner t