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 .
Election/Restrictions
Claims 14-16, 18 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/30/2026.
Regarding applicant’s argument that claim 19 should be included in the elected invention, the examiner agrees therefore claim 19 is not withdrawn.
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 4 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 4 recites, “wherein the actual layer thickness value or the predicted actual layer thickness value per position essentially (±20%, ±10%, ±5%, ±3%, ±1%) corresponds to the set layer thickness value per position.”
The scope of the claim is unclear because the claim recites a plurality of alternative percentage values “(±20%, ±10%, ±5%, ±3%, ±1%)” without specifying which percentage value defines the claimed relationship between the actual layer thickness value (or predicted actual layer thickness value) and the set layer thickness value. It is therefore unclear whether the claim encompasses correspondence within ±20%, ±10%, ±5%, ±3%, ±1%, or some other interpretation of the recited percentages. Accordingly, one of ordinary skill in the art would not be reasonably apprised of the metes and bounds of the claimed invention. Applicant is required to amend the claim to clearly define the intended tolerance or otherwise clarify the meaning of the recited percentage values.
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) 1-9, 11-13, 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sehr (EP 0542297) in view of Buschmann et al. (2021/0222379).
Regarding claim 1, Sehr teaches a levelling system for a construction machine (1), in particular a road construction machine or a road finishing machine or a road milling machine, comprising: a layer thickness measurement system (10,11,12) configured to measure a layer thickness (via s1, s2, s3) currently to be applied or to be removed and respective actual layer thickness values for a plurality of positions or respective predicted actual layer thickness values for a plurality of positions ,a processor (15) configured to determine, based on a layer thickness profile comprising a plurality of set layer thickness values allocated to the plurality of the positions, as well as the actual layer thickness values or predicted actual layer thickness values for the positions, control values per position for height regulation of a tool of the construction machine (paragraph [0019]). Sehr fails to teach the layer measurement system measures a layer thickness currently to be applied or to be removed and respective actual layer thickness values for a plurality of positions or respective predicted actual layer thickness values for a plurality of positions. Buschmann teaches a pavement spreader with compaction control with a layer measurement system that measures a layer thickness currently to be applied or to be removed and respective actual layer thickness values for a plurality of positions or respective predicted actual layer thickness values for a plurality of positions. Buschmann teaches an actual layer thickness (39) and that comprises height data for each local coordinate point (41). Buschmann further teaches raising and lowering of the height profile 39 of the foundation 27, thus for the respective local coordinate point, a different target layer thickness ds is stored, forming a layer thickness profile based on including a plurality of target layer thicknesses configured at plurality of locations. The sensor 29 is used to measure the actual layer thickness di of the and the actual layer thickness is detected by the sensor and the difference between the actual layer thickness and the target layer thickness is calculated, and the road paving machine can be automatically controlled to minimize the difference. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to measures a layer thickness for a plurality of positions in the machine of Sehr as taught by Buschmann as it is obvious to use a known technique to improve similar devices in the same way.
Regarding claim 2, Sehr teaches the control values per position are selected such that the tool is raised and/or lowered according to the layer thickness profile, in order to be moved per position at a position according to the set layer thickness values; and/or wherein the control values per position are selected such that a determined deviation between an actual layer thickness value or predicted actual layer thickness value and a set layer thickness value is considered (paragraph [0019]).
Regarding claim 3, Sehr as modified by Buschmann teaches the processor is configured to determine the control value for the further position by considering the set layer thickness of the further position; and/or wherein the further position is offset by an offset with respect to the respective position.
Regarding claim 4, Sehr as modified by Buschmann teaches the control values per position are selected such that in the settled state, the actual layer thickness value or the predicted actual layer thickness value per position essentially (±20%, 0%,5%, 1%) corresponds to the set layer thickness value per position (paragraph [0019]); and/or wherein the control values are derived such that the height regulation of the tool is performed by considering the regulation path (offset) of the tool along a direction of travel of the construction machine.
Regarding claim 5, Sehr as modified by Buschmann teaches the processor is configured to derive the control values from the layer thickness profile such that a layer to be smoothed or to be applied by the tool forms an even surface on an underground profile along a direction of travel of the construction machine (Buschmann Figure 6); and/or wherein a layer to be applied or a layer to be smoothed comprises a first dimension along the direction of travel and a second dimension transversal to the direction of travel and wherein a plane is spanned by the first dimension and the second dimension and wherein the control values are derived from the layer thickness profile such that a layer to be applied (to be placed) or a layer to be smoothed by the tool comprises an even surface on an underground profile along the spanned plane.
Regarding claim 6, Sehr as modified by Buschmann teaches a position sensor or GNSS sensor, in particular a position sensor or GNSS sensor (13) coupled to the tool or coupled to the construction machine and wherein the position sensor or GNSS sensor is configured to determine the position for the actual layer thickness values or predicted actual layer thickness values, in particular the position along the direction of travel.
Regarding claim 7, Sehr as modified by Buschmann teaches the layer thickness profile comprises varying set layer thickness values (paragraph [0008]) across the positions and/or along the direction of travel and/or wherein the layer thickness profile is determined in dependence on an underground profile.
Regarding claim 8, Sehr as modified by Buschmann teaches the processor is configured to determine the control values such that a minimum layer thickness is provided per position.
Regarding claim 9, Sehr as modified by Buschmann teaches the processor comprises an evenness regulator that is configured to determine the control values by using sensor values, such that an even surface is generated (paragraph [0010]); and/or wherein the processor comprises a regulating path comprising a P component, an IT component, a PT component and/or a regulation path with a prediction model.
Regarding claim 11, Sehr as modified by Buschmann teaches the layer thickness measurement system comprises at least one sensor (12) in front of the screed and at least one sensor behind the screed (10) and wherein the layer to be determined is determined by forming the difference.
Regarding claim 12, Sehr as modified by Buschmann teaches the leveling system comprises a sensor arrangement comprising at least two, at least three (10, 11, 12) or at least four sensors arranged at a carrier extending along the direction of travel of the construction machine (Figure 1); or wherein the leveling system comprises a sensor arrangement comprising at least two, at least three or at least four sensors that are arranged at a carrier extending along the direction of travel of the construction machine and wherein the sensor arrangement comprises the layer thickness measurement system.
Regarding claim 13, Sehr as modified by Buschmann teaches a construction machine, in particular road construction machine or road finishing machine or road milling machine comprising a leveling system according to claim 1.
Regarding claim 17, Sehr teaches a method for leveling for a construction machine, in particular a road construction machine or a road finishing machine or a road milling machine, comprising: measuring a current layer thickness (10,12) to be applied or to be removed and determining respective actual layer thickness values (via s1, s2, s3) or predicted actual layer thickness values for a plurality of positions, determining control values per position for height regulation of a tool of the construction machine based on a layer thickness profile (via 15). Sehr fails to teach the layer measurement system measures a layer thickness currently to be applied or to be removed and respective actual layer thickness values for a plurality of positions or respective predicted actual layer thickness values for a plurality of positions. Buschmann teaches a pavement spreader with compaction control with a layer measurement system that measures a layer thickness currently to be applied or to be removed and respective actual layer thickness values for a plurality of positions or respective predicted actual layer thickness values for a plurality of positions. Buschmann teaches an actual layer thickness (39) and that comprises height data for each local coordinate point 41. Buschmann further teaches raising and lowering of the height profile 39 of the foundation 27, thus for the respective local coordinate point, a different target layer thickness ds is stored, forming a layer thickness profile based on including a plurality of target layer thicknesses configured at plurality of locations. The sensor 29 is used to measure the actual layer thickness di of the and the actual layer thickness is detected by the sensor and the difference between the actual layer thickness and the target layer thickness is calculated, and the road paving machine can be automatically controlled to minimize the difference. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to measures a layer thickness for a plurality of positions in the machine of Sehr as taught by Buschmann as it is obvious to use a known technique to improve similar devices in the same way.
Regarding claim 19, Sehr teaches a method for leveling for a construction machine, in particular a road construction machine or a road finishing machine or a road milling machine, comprising: measuring a current layer thickness (10,12) to be applied or to be removed and determining respective actual layer thickness values (via s1, s2, s3) or predicted actual layer thickness values for a plurality of positions, determining control values per position for height regulation of a tool of the construction machine based on a layer thickness profile (vie 15). Although Sehr doesn’t explicitly teach a computer readable medium , it would have been obvious to store instructions implementing the known method on a non-transitory computer readable medium because such storage represents a conventional and predictable implementation of the method using general purpose computing technology. Sehr fails to teach the layer measurement system measures a layer thickness currently to be applied or to be removed and respective actual layer thickness values for a plurality of positions or respective predicted actual layer thickness values for a plurality of positions. Buschmann teaches a pavement spreader with compaction control with a layer measurement system that measures a layer thickness currently to be applied or to be removed and respective actual layer thickness values for a plurality of positions or respective predicted actual layer thickness values for a plurality of positions. Buschmann teaches an actual layer thickness (39) and that comprises height data for each local coordinate point 41. Buschmann further teaches raising and lowering of the height profile 39 of the foundation 27, thus for the respective local coordinate point, a different target layer thickness ds is stored, forming a layer thickness profile based on including a plurality of target layer thicknesses configured at plurality of locations. The sensor 29 is used to measure the actual layer thickness di of the and the actual layer thickness is detected by the sensor and the difference between the actual layer thickness and the target layer thickness is calculated, and the road paving machine can be automatically controlled to minimize the difference. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to measures a layer thickness for a plurality of positions in the machine of Sehr as taught by Buschmann as it is obvious to use a known technique to improve similar devices in the same way.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed on the attached PTO-892. Hanfland teaches a road paver with a layer thickness measuring device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL ANNE RISIC whose telephone number is (571)270-7819. The examiner can normally be reached 8-5, M-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAIL A RISIC/Primary Examiner, Art Unit 3671 May 29, 2026
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