DETAILED ACTION
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 .
Serial No.: 17/980,638 Filed: November 4, 2022 Customer No.: 23456 CLAIM AMENDMENTS Please cancel claims 1- 17 and add new claims 18- 37 as follows: 1-17. (cancelled)
Claim Rejections - 35 USC § 102
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.
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) 18-27 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Berning et al. (US 20070286678).
Berning et al. discloses a self-propelled construction machine (see Fig. 1) for working ground pavement, comprising: at least one machine frame (4); at least one height-adjustable milling drum (12) configured to work the ground pavement in a working operation, driven by at least one drive unit (6); and at least one device (14, para 0038) configured to: monitor and control a milling depth of the milling drum and a speed of the construction machine; detect an interruption (detect a deviation para 0037) of the working operation, based on at least one monitored operating parameter of the construction machine; upon detection of the interruption of the working operation, to emit one or more signals to interrupt the drive of the milling drum via the drive unit (uncouples drive 10, para 0037) and to raise the milling drum by a specified amount (machine frame raised para 0037 and milling drum raise via raising frame see para 0036).
Re claim 19, wherein the at least one device is further configured: after the drive of the milling drum is reinstated (para 0041, para 0035), to delay lowering of the milling drum into contact with the ground pavement until the milling drum has reached a specified operating speed of revolution (subsequently increase operating speed para 0035).
Re claim 20, wherein: the at least one device is configured to delay interruption of the drive of the milling drum until after a specified time delay (any amount of time from device 14 to machine control system para 0038).
Re claim 21, wherein: the milling drum is accommodated in a milling drum housing (para 50) further comprising first and second edge protectors on opposing end sides thereof, a hold-down device, and a scraper; and the at least one device is configured to determine whether the first and second edge protectors, the hold-down device, or the scraper are resting on the ground, and to at least delay reinstating of the drive of the milling drum until the first and second edge protectors, the hold-down device, and the scraper are resting on the ground.
Re claim 22, wherein: the at least one device is configured, upon detection of the interruption of the working operation, to further generate a corresponding visual or audible signal (abstract, para 0011, 0023,0037,0038).
Re claim 23, wherein the at least one device is configured to detect an interruption of the working operation by comparing the at least one monitored operating parameter with at least one specified limit value (para 0037, a predetermined distance).
Re claim 24, wherein the at least one operating parameter comprises a nominal or actual advance speed, and an interruption of the working operation is detected when the nominal or actual advance speed becomes zero (para 0041, once traveling device 8 becomes uncouple, advance speed essentially becomes zero, para 0041).
Re claim 25, wherein the at least one operating parameter comprises a nominal or actual milling depth, and an interruption of the working operation is detected when the nominal or actual milling depth becomes negative (falls below predetermined distance, para 0037).
Re claim 26, comprising a power transmission device (10, Fig. 4) configured to transmit a driving power from the drive unit to the milling drum, and further configured responsive to the emitted signal from the at least one device to interrupt the drive of the milling drum.
Re claim 27, wherein the at least one device is configured, following the interruption of the drive of the milling drum, to detect whether the working operation is to be continued, and upon detecting the intended continuation of the working operation to emit a second signal for the renewed driving of the milling drum (see para 36, subsequent travel).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) s 28-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berning et al. ‘678.
With regards to claims 28-37, the recited method steps are considered obvious in view of using milling device disclosed by Berning et al.
Conclusion
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/SUNIL SINGH/Primary Examiner, Art Unit 3678
SS
7/26/2025
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