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 .
Response to Arguments
The objection to the specification is withdrawn.
The rejections of claims 24, 27-28 and 35-37 under 35 U.S.C. 112(b) are withdrawn. The rejection of claim 38 was not fully resolved and is repeated below.
Applicant's arguments filed April 27th, 2026 have been fully considered but they are not persuasive.
The Applicant argues that Hwang et al. does not disclose that the burner B is integral to the cover because no cover is provided (Remarks, page 13). The Examiner respectfully disagrees. While Hwang et al. may not expressly show a separable cover or wingedly attached cover, Hwang et al. at least shows an upper section of the mixing section which encloses and covers components and which includes the burner B (Fig. 5) and thus it is deemed that Hwang et al. at least discloses a cover for the mixing section and the argument is not persuasive.
The Applicant argues (paraphrasing) that the arrangement of the features of Hwang et al. does not provide any space for a cover to be provided for user access and Hwang et al. would require significant modification to incorporate the missing features of claim 1 (Remarks, page 15). The Examiner respectfully disagrees and contends that the cover (upper surfaces of the mixing section) of Hwang et al. could be made separable in sections or in whole and still fully accommodate all the features and various components as there is space to place such features on horizontal upper surfaces of the mixing section as shown in figures (Fig. 1 or Fig. 5). Thus, the argument is not persuasive.
Applicant’s other arguments with respect to claims 20-39 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Interpretation
Claim 1 now recites that the cover is configured to provide “conveyor end access to the user”. As shown in figures (Fig. 6 and Fig. 7) the conveyors are positioned above the mixing section and it appears that material is fed through the mixing cover via a shroud. The figures do not appear to show the conveyor end access in the cover. The specification states: “a front section that provides access to the conveyor ends” (para. [0061]), but the specification does not appear to disclose further detail as to what the conveyor end access is. The limitation is deemed to be met by any opening, panel, hatch, or other means which allows for access to the mixing section near a material entry point in the cover.
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.
Claim 38 is 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.
Claim 38 recites “the volumetric mixer” in line 1 which lacks antecedent basis. Claim 38 is dependent on claim 33 and claim 33 is silent as to a mixer or volumetric mixer.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 20, 22, 24-25, 27-28, 32-33, 35 and 37-39 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (previously attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719), Jong et al. (attached translation of KR 101644388B1), Wang et al. (attached translation of CN 105350430A) and Hwang et al. (attached translation of KR 20180090012A) hereinafter “Hwang II”.
Regarding claim 1, Hwang et al. discloses a volumetric mixer as shown below:
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Hwang et al. discloses the mixer comprises: a holding section (comprising hopper 110 and hopper 120) adapted to store one or more materials simultaneously, one or more conveyors disposed in the holding section (conveyors 210 and 220), a mixing section (mixer 300), one or more heating units (heating unit 400 having heat exchanger H1 or G and burner B under various configurations or embodiments with the mixing unit as shown in Figs. 5-8) disposed in the mixing section, and a control unit (controller 900); wherein the one or more conveyors are operable to convey one or more materials from the holding section to the mixing section (as indicated in Fig. 5, shown above).
Presumably the conveyors of Hwang et al. are operable to be individually controlled by the control unit to deliver a pre-determined amount of each material from the holding section to the mixing section (as the controller is configured to move material into the mixing unit, pars. [0077], [0156], and the device is automated by the controller 900, para. [0076]), but this is not explicitly stated.
However, Warlow et al. teaches a similar device (mobile asphalt machine, Abstract) having a mixing section (comprising mixing trough 51) with a heater (burner 59) and a holding section (aggregate bins 21 and 22) and Warlow et al. further teaches wherein one or more conveyors are operable to be individually controlled by the control unit to deliver a pre-determined amount of each material from the holding section to the mixing section (para. [0040]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the one or more conveyors are operable to be individually controlled by the control unit to deliver a pre-determined amount of each material of the one or more materials from the holding section to the mixing section.
The person of ordinary skill in the art would have been motivated to control the conveyor speed in order to control the timing by which material enters the mixing unit (Warlow et al., para. [0042]) and thereby improve mixing.
Hwang et al. appears to show one or more heating units integral with the cover (burner B, shown above, is located in an upper side of the mixing section where the upper side serves to cover mixing components), but Hwang et al. does not expressly disclose a cover which is wingedly attached.
However, Jong et al. teaches a mixing device for asphalt (Abstract) and a mixing section (tank 310 with stirring unit 320) and Jong et al. teaches a cover that is wingedly attached to the mixing section and operable to be opened and closed (para, [0026]) by a user as the cover is presumably manually opened or otherwise its opening is assisted upon receiving a user command or otherwise Jong et al. teaches components may be automated or controlled by the user (pars. [0030] and [0052]) and Jong et al. further teaches that one or more heating units are integral to the cover (heater 400) as shown (Fig. 1) below:
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the mixing section has a cover that is wingedly attached to the mixing section and operable to be opened and closed by a user and wherein the one or more heating units are integral to the cover.
The person of ordinary skill in the art would have found it obvious to include a cover which allows for access into the mixing section to achieve the predictable result of facilitating cleaning and maintenance and to make the heating unit integral with the cover to likewise facilitate cleaning and maintenance of the heating unit.
The combined teaching of the above cited-references discloses wherein the cover is split into a rear section and a front section (Jong et al., shown below), the rear section comprising the one or more heating units (Hwang et al., burner B, Jong et al., heater 400) and the front section being configured to provide conveyor end access to the user (the opening of Hwang et al. shown circled below facilitates access to the conveyor) as shown below:
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Further, Wang et al. teaches an asphalt device (Abstract) and further teaches a cover (Fig. 2, shown below) with a front section (shown below) configured to provide conveyor end access to the user (hole 302 provides access for the end of conveyor 202):
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the front section of the cover further includes conveyor end access.
The person of ordinary skill would have found it obvious to provide conveyor end access in order to attach (Wang et al., shown attached, Fig. 1) or remove (Wang et al., shown separated, Fig. 2) the conveyor or to otherwise allow for easier cleaning and maintenance.
Furthermore, Hwang II discloses a mobile asphalt mixer (Abstract, Fig. 5, similar or identical to Hwang et al. shown above) and teaches a smaller mixing section may be utilized (mixer 30, Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. using a smaller mixing section (Hwang II, Fig. 2) such as the mixing section taught by Jong et al. (shown above).
The person of ordinary skill in the art would have been motivated to modify the mixing section of Hwang et al. by using a different sized mixing section to fit the needs of the desired application.
Regarding claim 22, Hwang et al. discloses wherein the mixing section further comprises a central unit with mixing arms (Fig. 5, shown above for claim 1), operable to mix the one or more materials delivered to the mixing section.
Regarding claim 24, Hwang et al. does not explicitly show a supply aperture, operable to deliver the one or more materials mixed in the mixing section to a desired area.
However, Hwang et al. does show a discharge (belt 700, Fig. 1) which must be connected to a mixing section aperture of some sort.
Further, Warlow et al. teaches a supply aperture (dispenser 52), operable to deliver mixed materials to a desired area (the desired area being storage dispenser 40, pars. [0061] and [0094] or operable to deliver the mixed material to an application surface via storage dispenser 40).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the mixing section further comprises a supply aperture, operable to deliver the one or more materials mixed in the mixing section to a desired area.
The person of ordinary skill in the art would have found it obvious to include a supply aperture in order to direct mixed material out of the mixing section.
Regarding claim 25, Hwang et al. discloses wherein one, raised, end of the holding section is raised relative to an other, lower, end thereof as shown below:
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Regarding claim 27, Hwang et al. discloses wherein the holding section is adapted to receive the one or more materials via a loading area (hoppers 110 and 120 have openings shown below which could function as a loading area) as shown below:
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Regarding claim 28, Hwang et al. discloses wherein the one or more conveyors extend from an end of the holding section and into the mixing section, to deliver into the mixing section the one or more materials to be mixed (specifically conveyor 220, shown circled below, extends from the holding section to the mixing section) as shown below:
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Regarding claim 32, Hwang et al. discloses wherein the volumetric mixer is mounted on a vehicle (comprising trailer 500). Otherwise, Warlow et al. teaches a similar device (mobile asphalt machine, Abstract) having a mixing section (comprising mixing trough 51) with a heater (burner 59) and holding section (aggregate bins 21 and 22) and Warlow et al. further teaches wherein the volumetric mixer is mounted on a vehicle (Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the volumetric mixer is mounted on a vehicle.
The person of ordinary skill would have been motivated to mount the mixer on a vehicle in order to facilitate mobility.
Regarding claim 33, Hwang et al. discloses a method of mixing comprising: controlling, by a control unit (control unit 900 allows for implementing automation, para. [0076]), a system which includes one or more of conveyors (conveyors 210 or 220), disposed in a holding section (comprising hoppers 110 and 120, Fig. 1, shown above for claim 1), to convey one or more materials (para. [0077]) from the holding section to a mixing section (mixer 300), and heating, by one or more heating units (heating unit 400 having heat exchanger H1 or G and burner B under various configurations or embodiments with the mixing unit as shown in Figs. 5-8) disposed in the mixing section (Fig. 5, shown above for claim 1), the one or more materials in the mixing section.
Insomuch as Hwang et al. does not explicitly disclose the control unit controls the conveyors; Hwang et al. discloses the device is automated by the controller (controller 900, para. [0076]) and Warlow et al. teaches a similar device (mobile asphalt machine, Abstract) having a mixing section (comprising mixing trough 51) with a heater (burner 59) and holding section (aggregate bins 21 and 22) and Warlow et al. further teaches wherein the control unit controls conveyors (para. [0040]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the control unit controls one or more conveyors.
The person of ordinary skill in the art would have been motivated to control the conveyor speed in order to control the timing by which material enters the mixing unit (Warlow et al., para. [0042]) and thereby improve mixing.
Hwang et al. appears to show one or more heating units integral with a cover (burner B, Fig. 5, shown above for claim 20, is located in an upper side of the mixing section where the upper side covers mixing components), but Hwang et al. does not expressly disclose a cover which is wingedly attached.
However, Jong et al. teaches a mixing device for asphalt (Abstract) and a mixing section (tank 310 with stirring unit 320) and Jong et al. teaches a cover that is wingedly attached to the mixing section and operable to be opened and closed (para. [0026]) by a user, as the cover is presumably manually opened or otherwise opened upon receiving a user command or otherwise Jong et al. teaches components may be automated or controlled by the user (pars. [0030] and [0052]) and Jong et al. further teaches that one or more heating units are integral to the cover (heater 400) as shown (Fig. 1) above for claim 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 have modified the teachings of Hwang et al. wherein the mixing section has a cover that is wingedly attached to the mixing section and operable to be opened and closed by a user and wherein the one or more heating units are integral to the cover.
The person of ordinary skill in the art would have found it obvious to include a cover which allows for access into the mixing section to achieve the predictable result of facilitating cleaning and maintenance and to make the heating unit integral with the cover to likewise facilitate cleaning and maintenance of the heating unit.
The combined teaching of the above cited-references discloses wherein the cover is split into a rear section and a front section (Jong et al., shown above for claim 20), the rear section comprising the one or more heating units (Hwang et al., burner B, Jong et al., heater 400) and the front section being configured to provide conveyor end access to the user (the opening of Hwang et al. shown circled above for claim 20 facilitates access to the conveyor).
Further, Wang et al. teaches an asphalt device (Abstract) and further teaches a cover (Fig. 2, shown above for claim 20) with a front section (shown above for claim 20) configured to provide conveyor end access to the user (hole 302 provides access for the end of conveyor 202).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the front section of the cover further includes conveyor end access.
The person of ordinary skill would have found it obvious to provide conveyor end access in order to attach (Wang et al., shown attached, Fig. 1) or remove (Wang et al., shown separated, Fig. 2) the conveyor or to otherwise allow for easier cleaning and maintenance.
Regarding claim 35, Hwang et al. discloses wherein the method further comprises mixing, by a central unit with mixing arms present in the mixing section, the one or more materials delivered to the mixing section (Fig. 5, shown above for claim 20).
Regarding claim 37, Hwang et al. discloses delivering, through a supply aperture, the one or more materials mixed in the mixing section to a desired area (there must be an aperture to feed discharge belt 700, Fig. 1). Otherwise, Warlow et al. teaches a supply aperture (dispenser 52 or dispenser 40) to deliver the mixed materials to a desired area (pars. [0061] and [0094]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. to include a supply aperture to deliver the one or more materials mixed in the mixing section to a desired area.
The person of ordinary skill in the art would have found it obvious to include a supply aperture in order to direct mixed material out of the mixing section.
Regarding claim 38, Hwang et al. discloses wherein the volumetric mixer is mounted on a vehicle (comprising trailer 500). Otherwise, Warlow et al. discloses a similar device (mobile asphalt machine, Abstract) having a mixing section (comprising mixing trough 51) with a heater (burner 59) and holding section (aggregate bins 21 and 22) and Warlow et al. further teaches wherein the mixer is mounted on a vehicle (Fig. 2) or is configured to be mounted on a vehicle.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the volumetric mixer is mounted on a vehicle or is configured to be mounted on a vehicle.
The person of ordinary skill would have been motivated to mount the mixer on a vehicle in order to facilitate mobility.
Regarding claim 39, Hwang et al. discloses wherein the holding section is adapted to receive the one or more materials via a loading area (hoppers 110 and 120 have openings shown below which could function as a loading area) located at a front end of the holding section as shown above for claim 27.
Claims 21 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (previously attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719), Jong et al. (attached translation of KR 101644388B1), Wang et al. (attached translation of CN 105350430A) and Hwang et al. (attached translation of KR 20180090012A) hereinafter “Hwang II” as applied to claim 20 or claim 33 above and in further view of Babus et al. (US 4325641).
Regarding claim 21, Hwang et al. does not disclose the mixing section comprises a weighing device.
However, Babus et al. discloses an apparatus for mixing asphalt (Abstract) having a conveyor (conveyor 72), a mixing section (tank 10 with agitating means, col. 2, lines 25-20) and Babus et al. further teaches wherein the mixing section comprises a weighing device that is operable to measure the weight of each of the one or more materials delivered to the mixing section (col. 3, lines 40-45) and provide feedback on the measured weight to the control unit (col. 4, lines 55-57, col. 5, lines 54-58, col. 6, lines 5-6).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the mixing section comprises a weighing device that is operable to measure the weight of each of the one or more materials delivered to the mixing section and provide feedback on the measured weight to the control unit.
The person of ordinary skill in the art would have been motivated to locate a weighing device at the mixing section in order to weigh the amount of all materials added to the mixing section and thereby eliminate the need for multiple quantitative sensors (Hwang et al., sensors S1, para. [0077]) or to serve as an additional verification of the quantities added to the mixing section.
Regarding claim 34, Hwang et al. does not explicitly disclose weighing.
However, Babus et al. discloses a method for mixing asphalt (Abstract) having a conveyor (conveyor 72), a mixing section (tank 10 with agitating means, col. 2, lines 25-20) and Babus et al. further teaches wherein the method includes weighing, by a weighing device (electronic weighing 25 and load cells 24), each material of the one or more materials delivered to the mixing section, and providing feedback on the measured weight to the control unit (col. 4, lines 55-57, col. 5, lines 54-58, col. 6, lines 5-6).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the method comprises weighing, by a weighing device, each material of the one or more materials delivered to the mixing section, and providing feedback on the measured weight to the control unit.
The person of ordinary skill would have been motivated to use a weighing device in order to determine the amount of material added to the mixing section to better control the mixing.
Claims 23 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (previously attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719), Jong et al. (attached translation of KR 101644388B1), Wang et al. (attached translation of CN 105350430A) and Hwang et al. (attached translation of KR 20180090012A) hereinafter “Hwang II” as applied to claim 20 above and in further view of Chen et al. (previously attached translation of CN 104760137A).
Regarding claim 23, Hwang et al. does not expressly disclose the central unit is controllable by a gearbox at a base of the mixing section.
However, Chen et al. teaches a mobile mixer (self-propelled hydraulic agitator, Abstract) having a vertical central unit (para. [0009]) like Hwang et al. (Hwang et al., Fig. 5, shown above for claim 1) and Chen et al. discloses the central unit (shaft 202) is controllable by a gearbox (gearbox 204) at a base of the mixing section (Fig. 3) as shown below:
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the central unit is controllable by a gearbox at a base of the mixing section.
The person of ordinary skill would have been motivated to include a gearbox to facilitate different agitator speeds and to position the gearbox at the base such that it is out of the way of inlets to the mixing section.
Regarding claim 36, Hwang et al. does not expressly disclose controlling a central unit to rotate by a gearbox present at the base of the mixing section.
However, Chen et al. teaches a mobile mixer (self-propelled hydraulic agitator, Abstract) having a vertical central unit (para. [0009]) like Hwang et al. (Hwang et al., Fig. 5, shown above for claim 1) and Chen et al. discloses the central unit (shaft 202) is controllable by a gearbox (gearbox 204) at a base of the mixing section (Fig. 3) as shown above for claim 23.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the method includes controlling by a gearbox present at a base of the mixing section, the central unit to rotate.
The person of ordinary skill would have been motivated to include a gearbox to facilitate different agitator speeds and to position the gearbox at the base such that it is out of the way of inlets to the mixing section.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (previously attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719), Jong et al. (attached translation of KR 101644388B1), Wang et al. (attached translation of CN 105350430A) and Hwang et al. (attached translation of KR 20180090012A) hereinafter “Hwang II” as applied to claim 20 above and in further view of Grathwol (US 20180297788).
Regarding claim 26, Hwang et al. discloses wherein the one or more conveyors are operable to convey the one or more materials from the lower end to the raised end (as indicated below, the conveyor spans from the lower end to the raised end and must convey the materials from the lower end to the raised end, otherwise the material would collect in the bottom of the lower end of the hoppers 110 and 120) as shown below:
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Otherwise, Grathwol discloses a system for use in mixing asphalt (para. [0013]) and Grathwol further discloses a conveyor (surge conveyor 34) wherein the conveyor is operable to convey one or more materials from a lower end to a raised end (Fig. 1) as shown below:
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the one or more conveyors are operable to convey the one or more materials from the lower end to the raised end.
The person of ordinary skill in the art would have been motivated to ensure the conveyors were operable to convey the materials from the lower end to the raised end in order to prevent material from collecting in the bottom of the hoppers (Hwang et al., hoppers 110 and 120).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (previously attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719), Jong et al. (attached translation of KR 101644388B1), Wang et al. (attached translation of CN 105350430A) and Hwang et al. (attached translation of KR 20180090012A) hereinafter “Hwang II” as applied to claim 20 above and in further view of Erickson (US 20200116466).
Regarding claim 29, Hwang et al. discloses that the device is automated (pars. [0076]-[[0077]) using predetermined amounts of material and must have some sort of interface to input amounts into the control unit (“reference amount previously stored in the control unit 900”, para. [0077]), but Hwang et al. does not explicitly disclose details about an interface.
However, Erickson teaches a mobile (Fig. 1) mixing system (explosives mixing for mining and drilling, Abstract, para. [0002]) which is analogous art at least because it is reasonably pertinent to the problem of inputting a recipe into an automated mixing system and Erickson further teaches wherein the control unit is operable to receive a user input, through a user interface, specifying a desired mixture of materials and a total volume of resulting mixture (para. [0022]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the control unit is operable to receive a user input, through a user interface, specifying a desired mixture of materials and a total volume of resulting mixture.
The person of ordinary skill would have been motivated to include a user interface to specify desired amounts of ingredients and total volume in order to ensure the desired amount is mixed without wasting material.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (previously attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719), Jong et al. (attached translation of KR 101644388B1), Wang et al. (attached translation of CN 105350430A) and Hwang et al. (attached translation of KR 20180090012A) hereinafter “Hwang II” as applied to claim 20 above and in further view of Babus et al. (US 4325641) and Zimmerman (US 7458746) or Leafdale (US 4196827).
Regarding claim 30, Hwang et al. does not explicitly disclose manual control.
However, Babus et al. discloses an apparatus for mixing asphalt (Abstract) having a conveyor (conveyor 72), a mixing section (tank 10 with agitating means, col. 2, lines 25-20) where the apparatus is automated (automatic control unit 70) and Babus et al. further teaches wherein a manual override control may be used during any operation (col. 4, lines 59-64, col. 5, lines 45-46, col. 6, lines 53-54).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the control unit includes manual override allowing for manual control of the one or more conveyors.
The person of ordinary skill in the art would have found it obvious to use manual controls in order to facilitate maintenance (e.g. clearing jams) or correct malfunctions.
The above-cited references do not explicitly disclose a lever.
However, Zimmerman discloses a mobile asphalt mixer (Abstract) having conveyors (col. 2, line 46, col. 4, line 31) and Zimmerman teaches controlling equipment (col. 6, lines 13-16) using levers (control mechanism 60 shown to comprise levers, Fig. 1) or Leafdale teaches an asphalt device (Abstract) wherein conveyors (screw conveyors, col. 1, line 36) are controlled by levers (col. 2, lines 20-22).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the control unit comprises levers to allow for manual control of the one or more conveyors.
The person of ordinary skill would have been motivated to include levers as an easy to manipulate control device. Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (previously attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719), Jong et al. (attached translation of KR 101644388B1), Wang et al. (attached translation of CN 105350430A) and Hwang et al. (attached translation of KR 20180090012A) hereinafter “Hwang II” as applied to claim 20 above and in further view of Bracegirdle (Applicant provided EP 0046827A1).
Regarding claim 31, Hwang et al. does not disclose a secondary material holding section dispensing tank situated above the mixing section, operable to deliver a further material to the mixing section.
However, Bracegirdle discloses an asphalt mixing device (page 1, lines 1-6) having a holding section (hoppers 12,14, and 16), conveyor (conveyor 24), and a mixing section (mixer 28) and Bracegirdle further discloses a secondary material holding section dispensing tank (additive storage tank 50) situated above the mixing section (Fig. 1A), operable to deliver a further material to the mixing section (page 12, lines 5-15) as shown below:
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Hwang et al. wherein the mixer includes a secondary material holding section dispensing tank situated above the mixing section, operable to deliver a further material to the mixing section.
The person of ordinary skill would have been motivated to include a secondary material holding section dispensing tank situated above the mixing section in order to supply additives (Bracegirdle, page 12, lines 1-5).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M MCCARTY whose telephone number is (571)272-4398. The examiner can normally be reached Monday - Thursday 9:00 AM - 5:00 PM.
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/P.M.M./Examiner, Art Unit 1774
/CLAIRE X WANG/Supervisory Patent Examiner, Art Unit 1774
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