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 .
Claim Interpretation
Claim 20 recites “one or more conveyors” in line 3 and then recites “the conveyors” in line 7. Recitation of “the conveyors” in the claims (e.g. claim 26 and claim 30) is understood to mean “one or more conveyors”.
Claim 20 recites “one or more materials” in line 2 and then recites “each material” in line 10. Recitation of “each material”, “each of the materials” (e.g. claim 21), “the delivered materials” (claim 22) or “the materials” (e.g. claims 26-27) are understood to mean “the one or more materials”.
Likewise, claim 33 recites “one or more conveyors” in line 2 and “one or more materials” in line 3 and subsequent recitation of “conveyors” or “materials” (e.g. claims 34-35) in claims which are dependent on claim 33 are understood to mean “one or more conveyors” and “one or more materials”.
Specification
The disclosure is objected to because of the following informalities: Para. [0038] recites “product different products” and it appears this should be “produce different products”, para. [0050] recites “aperture 210 between and open” and it appears “and” should be removed, para. [0060] recites “any material is holds may” and it appears this should be “any material it holds may”, and para. [0084] recites “waste product produces” and it appears this should be “waste product produced”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24, 27-28 and 35-38 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.
Claim 24 recites the limitation "the mixed materials" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites “preferably located at a front end of the holding section” and use of the phrase “preferably” renders the claim indefinite because it is unclear whether the limitations following the phrase are required limitations of the claimed invention. See MPEP § 2173.05(d). As best understood, “preferably located at a front end of the holding section” is an optional limitation.
Claim 28 recites the limitation "the raw materials" in line 2. There is insufficient antecedent basis for this limitation in the claim. This could be overcome by removing the word “raw”.
Claim 35 recites “the delivered materials” in line 2 and there is insufficient explicit antecedent basis for this limitation in the claim. It is noted that the similar recitation in claim 22 is deemed to have antecedent basis due to recitation of “deliver” in claim 20, line 10, but “deliver” is not used in independent claim 33 from which claim 35 depends.
Claim 36 recites the limitation “the base” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 36 recites the limitation “the central unit” in line 2. There is insufficient antecedent basis for this limitation in the claim. A central unit is introduced in claim 35 which is not in the dependency chain of claim 36.
Claim 37 recites the limitation "the mixed materials" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 38 recites the limitation "the mixer" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 20, 22, 24-25, 27-28. 32-33, 35 and 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719).
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 conveyors are operable to convey 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 moved 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 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.
Regarding claim 22, Hwang et al. discloses wherein the mixing section further comprises a central unit with mixing arms, operable to mix the delivered materials (Fig. 5, shown above for claim 1).
Regarding claim 24, Hwang et al. does not explicitly show a supply aperture, operable to deliver the mixed materials 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 comprises a supply aperture, operable to deliver mixed material 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 materials via a loading area (hoppers 110 and 120 have openings shown below which could function as a loading area), preferably located at a front end of the holding section 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 the raw materials into the mixing section (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.
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 delivered materials (Fig. 5, shown above for claim 1).
Regarding claim 37, Hwang et al. discloses delivering, through a supply aperture, the mixed materials 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 mixed materials.
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 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).
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 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.
Claims 21 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719) 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 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 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 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 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 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. (attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719) as applied to claim 20 above and in further view of Chen et al. (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 the 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. (attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719) as applied to claim 20 above and in further view of Grathwol (US 20180297788).
Regarding claim 26, Hwang et al. discloses wherein the conveyors are operable to convey the 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 the materials from the lower end to the 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 conveyors are operable to convey the 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. (attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719) 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. (attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719) 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 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 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. (attached translation of KR 101971865B1) in view of Warlow et al. (US 20130058719) 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kim et al. (attached translation of KR 100932072B1) discloses a mobile mixing device having multiple conveyors and load cells.
SBM Mineral Processing GmbH (attached translation of AT 520711A1) discloses a mobile mixing device having multiple conveyors.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire 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.
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/P.M.M./Examiner, Art Unit 1774
/CLAIRE X WANG/Supervisory Patent Examiner, Art Unit 1774