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 .
Drawings
The drawings are objected to because in figure 1, it is unclear which structures the arrows are pointing to. For examples, reference #100, 107, 101, 108, 104, 105, 127, 102 are not pointing to any specific structure, but rather a general direction. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: “a hydraulic switching unit” is used to identify two different hydraulic switching units, but still uses the same nomenclature. Different nomenclature should be used so that the two different structures are not confused.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a hydraulic switching unit” in claim 15; “a hydraulic switching unit” in claim 20; “an electrical switching device” in claims 21-23.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claims 15, 20, 21, 22 and 23 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.
Regarding claim 20, claim limitation “a hydraulic switching unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim, for the specification merely repeats the same function of the unit being for hydraulic switching and does not describe any structure, and the figures refer to the limitation as a box without identifying any specific type of structure. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 15, claim limitation “a hydraulic switching unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim, for the specification merely repeats the same function of the unit being for hydraulic switching and does not describe any structure, and the figures refer to the limitation as a box without identifying any specific type of structure. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claim 21, claim limitation “an electrical switching device” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim, for the specification merely repeats the same function of the device being for electrical switching and does not describe any structure, and the figures refer to the limitation as a box without identifying any specific type of structure. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 22 and 23 are also rejected under 35 USC 112(b) by virtue of their dependency on claim 21.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 14 and 16-26 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kasten (U.S. Patent Pub. No. 2021/0323463).
Regarding claim 14, Kasten discloses a truck (figure 1, reference #1) comprising:
a truck chassis (figure 1, reference #8) having a combustion drive engine (figure 3, reference #5), the combustion drive engine is configured to operate a concrete pump mounted on the truck (reference #2; [0029]);
a concrete pump system (reference #2) that is hydraulically driven (reference #3) and that includes a distribution boom (reference #16), a support system (see figure 1, not labeled), and the concrete pump (reference #2);
a first hydraulic pump configured to drive the concrete pump (figure 3, reference #12; [0043]);
a second hydraulic pump configured to drive the distribution boom and/or the support system (figure 3, multiple reference #12; [0033]; [0041]); and
an electric motor (figures 1 and 3, reference #6),
wherein the combustion drive engine is configured to drive the first hydraulic pump (figure 3, reference #5, 10, 11 and 12,
wherein the second hydraulic pump is configured to be driven only by the electric motor (figure 3, reference #6 and 12; figure 4, reference #4, 6, 10 and 12 (it is noted that the limitation uses the term “configured” which only requires the second hydraulic pump be capable of being driven by the electric motor only, and the second hydraulic pump is capable of being driven only by the electric motor).
Regarding claim 16, the limitation is directed to an intended use of the combustion drive engine and does not require the structural limitations of a third hydraulic pump and pipe switch. Kasten discloses wherein the combustion drive engine is capable to drive a third hydraulic pump which is capable to drive a pipe switch (figure 3, reference #5 and 12).
Regarding claim 17, the limitation is directed to an intended use of the combustion drive engine and does not require the structural limitations of a third hydraulic pump and agitator. Kasten discloses wherein the combustion drive engine is capable to drive a third hydraulic pump which is capable to drive an agitator (figure 3, reference #5 and 12).
Regarding claim 18, the limitation is directed to an intended use of the electric motor and does not require the structural limitations of a third hydraulic pump and pipe switch. Kasten discloses wherein the electric motor is capable to drive a third hydraulic pump which is capable to drive a pipe switch (figure 3, reference #6 and 12).
Regarding claim 19, the limitation is directed to an intended use of the electric motor and does not require the structural limitations of a third hydraulic pump and agitator. Kasten discloses wherein the electric motor is capable to drive a third hydraulic pump which is capable to drive an agitator (figure 3, reference #6 and 12).
Regarding claim 20, Kasten discloses a hydraulic switching unit connecting the hydraulic pump to the concrete pump (reference #10).
Regarding claim 21, Kasten discloses wherein the electric motor is supplied with power via an electrical switching device (figure 3, reference #19).
Regarding claim 22, Kasten discloses wherein the electrical switching device is configured to connect an electrical energy storage to the electric motor (figure 3, reference #15 and 19).
Regarding claim 23, Kasten discloses wherein the electrical switching device is configured to connect a construction site power supply to the electric motor (figure 3, reference #13, 14, 19 and 20).
Regarding claim 24, Kasten discloses wherein the combustion drive engine is configured to drive a generator ([0021]) (it is noted that the limitation uses the term “configured” which only requires the combustion drive engine be capable of driving a generator, and therefore does not require the structural limitation of the generator).
Regarding claim 25, as stated above in the rejection to claim 24, the generator is not a positively recited structure of the claims, and therefore the limitations recited in claim 25 which attempt to further limit the generator are not positive structural limitations of the claim. However, in order to further compact prosecution, Kasten discloses wherein the generator is connected via a coupling to the first hydraulic pump ([0022]).
Regarding claim 26, as stated above in the rejection to claim 24, the generator is not a positively recited structure of the claims, and therefore the limitations recited in claim 26 which attempt to further limit the generator are not positive structural limitations of the claim. However, in order to further compact prosecution, Kasten discloses wherein the generator is configured to drive the electric motor ([0022]).
Allowable Subject Matter
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire X Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELIZABETH INSLER/Primary Examiner, Art Unit 1774