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 .
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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Tags #27, #100, #104 & #110, see below for objection details. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to as follows:
Fig.1, tag #27 is not identified in the specification or claims.
Fig. 3, tag 110 is shown referring to "manifold". Tag 110 is an oil tank and the manifold is tag 106.
Fig. 3, tag 100 is for the hydraulic power unit and tag 104 is for the hydraulic pump. These tags appear to be cross referenced with each other.
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 non-obviousness.
Claims 1, 2, 3, & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Paul Sina (U.S. 8,585,317), herein referred to as Sina in view of Sebastian Villwock et al. (US 2014/0341650), herein referred to as Villwock.
Regarding Claim 1: Sina teaches an articulated compaction machine (see Fig. 1) comprising a chassis that includes; a primary enclosure (22-pivotable cover) that supports a first machine segment (not labeled on Fig. 1) at a first end of the machine (not labeled) herein defined as (16-1st subframe); a first compacting assembly (see Fig. 1, 12) that is defined at the first machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a second (rear) sub-frame (18) that supports a second machine segment (not labeled on Fig. 1); a second compacting assembly (see Fig. 1, 14) that is defined at the second machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a plurality of pivot joints (see Fig. 1, 20) that connects the first and second machine segments to each other.
Sina does not teach wherein a portion of the first machine segment is vertically aligned with the pivot joint (see Fig. 1, 20).
However, Villwock (see Fig. 1) teaches a drum/wheeled soil compactor which, does show a portion of the first machine segment (12-Rear vehicle region) that is vertically aligned with the pivot joint (see figure below). It would be obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention, to combine the articulation connection of Sina with the vertical pivot connection alignment of a portion of the first machine segment as disclosed by Villwock, in order to provide a more compact body footprint for the machine, that would facilitate easier transportation to and from jobsites and easier maneuvering on the jobsite.
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Regarding Claim 2: Sina teaches an articulated compaction machine (see Fig. 1) comprising a chassis that includes; a primary enclosure (22-pivotable cover), that is supported at the first machine segment (not labeled on Fig. 1) at a first end of the machine (not labeled) herein defined as (16-1st subframe); a first compacting assembly (see Fig. 1, 12) that is defined at the first machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a second/auxiliary enclosure (26-ventilated hood) that is supported at the second machine segment (not labeled on Fig. 1) at a second of the machine sub-frame (18-2nd subframe); a second compacting assembly (see Fig. 1, 14) that is defined at the second machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a plurality of pivot joints (see Fig. 1, 20) that connects the first and second machine segments to each other.
Sina does not teach wherein the first machine segment (not labeled on Fig. 1) at a first end of the machine (see Fig. 2) is longer in longitudinal axis length than the second machine segment (not labeled on Fig. 1), or wherein the first machine segment overlaps a portion of the second machine segment.
However, Villwock teaches (see Fig. 1) an asymmetric housing system that includes: a first enclosure (12) that is supported at the first machine segment; a second enclosure (18) that is supported at the second machine segment; and wherein: the first enclosure (12) is longer longitudinally than the second enclosure (18); and a portion of the first enclosure extends longitudinally beyond the pivot joint (not labeled) and overlaps a portion of the second machine segment. It would be obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention, to combine the articulation connection of Sina with the vertical pivot connection alignment of a portion of the first machine segment as disclosed by Villwock, in order to provide a more compact body footprint for the machine, that would facilitate easier transportation to and from jobsites and easier maneuvering on the jobsite.
Regarding Claim 3: Sina teaches an articulated compaction machine (see Fig. 1) comprising a chassis that includes; a primary enclosure (22-pivotable cover) that supports a first machine segment (not labeled on Fig. 1) at a first end of the machine (not labeled) herein defined as (16-1st subframe); a first compacting assembly (see Fig. 1, 12) that is defined at the first machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a second (rear) sub-frame (18) that supports a second machine segment (not labeled on Fig. 1); a second compacting assembly (see Fig. 1, 14) that is defined at the second machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a plurality of pivot joints (see Fig. 1, 20) that connects the first and second machine segments to each other.
Sina does not teach wherein a portion of the first machine segment is vertically aligned with the pivot joint (see Fig. 1, 20).
However, Villwock (see Fig. 1) does teach a portion of the first machine segment (12-Rear vehicle region) that includes the drivers cab (14) and evaluation unit (34) in addition to unspecified primary components depicted in fig. 1, that vertically aligned with the pivot joint (not labeled in Fig. 1). It would be obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention, to combine the articulation connection of Sina with the vertical pivot connection alignment of a portion of the first machine segment as disclosed by Villwock, in order to provide a more compact body footprint for the machine, that would facilitate easier transportation to and from jobsites and easier maneuvering on the jobsite.
Regarding Claim 19: Sina teaches an articulated compaction machine (see Fig. 1) comprising a chassis that includes; a primary enclosure (22-pivotable cover) that supports a first machine segment (not labeled on Fig. 1) at a first end of the machine (not labeled) herein defined as (16); a first compacting assembly (see Fig. 1, 12) that is defined at the first machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a second (rear) sub-frame (18) that supports a second machine segment (not labeled on Fig. 1); a second compacting assembly (see Fig. 1, 14) that is defined at the second machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a plurality of pivot joints (see Fig. 1, 20) that connects the first and second machine segments to each other.
Sina does not teach wherein the first machine segment (not labeled on Fig. 1) at a first end of the machine (see Fig. 2) is longer in longitudinal axis length than the second machine segment (not labeled on Fig. 1), or wherein the first machine segment overlaps a portion of the second machine segment.
However, Villwock teaches (see Fig. 1) an asymmetric housing system that includes: a first enclosure (12) that is supported at the first machine segment; a second enclosure (18) that is supported at the second machine segment; and wherein: the first enclosure (12) is longer longitudinally than the second enclosure (18); and a portion of the first enclosure extends longitudinally beyond the pivot joint (not labeled) and overlaps a portion of the second machine segment (see figure for claim 1 above).
It would be obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention, to combine the articulation connection of Sina with the vertical pivot connection alignment of a portion of the first machine segment as disclosed by Villwock, in order to provide a more compact body footprint for the machine, that would facilitate easier transportation to and from jobsites and easier maneuvering on the jobsite.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Sina in view of Villwock as applied to claims 1-3 above, and further in view of John T. Carnahan et al. (U.S. 3,814,531), herein referred to as Carnahan.
Regarding Claim 4: Sina, as part of the combination of Sina in view of Villwock, teaches an articulated compaction machine (see Fig. 1) comprising a chassis that includes; a primary enclosure (22-pivotable cover) that supports a first machine segment (not labeled on Fig. 1) at a first end of the machine (not labeled) herein defined as (16); a first compacting assembly (see Fig. 1, 12) that is defined at the first machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a second (rear) sub-frame (18) that supports a second machine segment (not labeled on Fig. 1); a second compacting assembly (see Fig. 1, 14) that is defined at the second machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a plurality of pivot joints (see Fig. 1, 20) that connects the first and second machine segments to each other.
The combination of Sina in view of Villwock does not teach wherein the set of primary components includes a hydraulic power unit having: a prime mover; a hydraulic pump that receives power from the prime mover to pressurize hydraulic oil; a hydraulic manifold communicating with the hydraulic pump and selectively delivering the hydraulic oil to the first and second compacting assemblies.
However, Carnahan discloses (see Fig. 2) a set of primary components that includes a hydraulic power unit having: a prime mover (56); a hydraulic pump (68) that receives power from the prime mover to pressurize hydraulic oil; the hydraulic manifold (148) communicating with the hydraulic pump (68) and selectively delivering the hydraulic oil to the first and second compacting assemblies (27, 21) is located within the set of primary components in the primary enclosure (11).
It would be obvious to an ordinary person skilled in the art prior to the effective date of the claimed invention to further modify the first machine segment of the device taught by Sina in view of Villwock, to include the hydraulic system of Carnahan to provide the power to operate the drive and exciter motors, so that more of the hydraulic system components are in one area for ease of servicing and maintenance.
Regarding Claim 5: Sina, as part of the combination of Sina in view of Villwock, teaches an articulated compaction machine (see Fig. 1) comprising a chassis that includes; a primary enclosure (22-pivotable cover) that supports a first machine segment (not labeled on Fig. 1) at a first end of the machine (not labeled) herein defined as (16); a first compacting assembly (see Fig. 1, 12) that is defined at the first machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a second (rear) sub-frame (18) that supports a second machine segment (not labeled on Fig. 1); a second compacting assembly (see Fig. 1, 14) that is defined at the second machine segment and that is configured to selectively propel and transmit vibrations through the machine into an underlying work surface; a plurality of pivot joints (see Fig. 1, 20) that connects the first and second machine segments to each other.
The combination of Sina in view of Villwock, does not teach wherein the set of primary components includes hydraulic power unit having: a prime mover; a hydraulic pump that receives power from the prime mover to pressurize hydraulic oil; a hydraulic manifold communicating with the hydraulic pump and selectively delivering the hydraulic oil to the first and second compacting assemblies. However, Carnahan discloses (see Fig. 2) a set of primary components that includes a hydraulic power unit having: a prime mover (56); a hydraulic pump (68) that receives power from the prime mover to pressurize hydraulic oil; the hydraulic manifold (148) communicating with the hydraulic pump (68) and selectively delivering the hydraulic oil to the first and second compacting assemblies (27, 21) is located within the set of primary components in the primary enclosure (11). Carnahan in figure 2 (annotated below) shows that the hydraulic pump (68) would be vertically aligned with the pivot joint when in a position of final installation (compare location of pump 68 in figures 1-2 with position of 56 shown above axis in figure 11).
It would be obvious to an ordinary person skilled in the art prior to the effective date of the claimed invention to modify the first machine segment of Sina in view of Villwock, to include the hydraulic system of Carnahan to provide the power to operate the drive and exciter motors and to modify the hydraulic system configuration of Carnahan (see Fig. 6) to vertically align the hydraulic pump (68) with the pivot joint of Sina (see Fig. 1, 20) in order to provide a more compact body footprint for the machine, that would facilitate easier transportation to and from jobsites and easier maneuvering on the jobsite.
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Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Daniel Geier US 2016/0130785, herein referred to as Geier in view of Sebastian Villwock et al. (US 2014/0341650), herein referred to as Villwock.
Regarding Claim 14: Geier teaches an articulated compaction machine (see Figs. 2 & 3) that is configured for remote controlled operation (paragraph 0013) by a user, the machine comprising: a chassis (see Figs. 2 & 3 and paragraph 0033) that includes: a first subframe; a first vibratory rolling drum supported by the first subframe; a second subframe; a second vibratory rolling drum that is supported by the second subframe; a pivot joint that connects the first and second machine segments to each other; a hydraulic power unit (paragraph 0006) that is mounted within the primary enclosure; an auxiliary enclosure that is supported by the second subframe; a set of auxiliary components that are mounted within the auxiliary enclosure. Geier does not teach an asymmetric housing system that includes: a primary enclosure that supported by the first subframe and that defines a cantilevered segment that extends longitudinally beyond the first subframe; and wherein: the primary enclosure occupies more of an overall longitudinal length of the machine than the auxiliary enclosure, and the cantilevered segment of the primary enclosure overlies the pivot joint.
However, Villwock does teach an asymmetric housing system (see Fig. 1) that includes: a primary enclosure that supported by the first subframe and that defines a cantilevered segment that extends longitudinally beyond the first subframe; and wherein: the primary enclosure occupies more of an overall longitudinal length of the machine than the auxiliary enclosure, and the cantilevered segment of the primary enclosure overlies the pivot joint.
It would be obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention, to modify the invention of Geier to incorporate the asymmetrical housing system of Villwock in order to provide a more compact body footprint for the machine, that would facilitate easier transportation to and from jobsites and easier maneuvering on the jobsite.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Paul Sina (U.S. 8,585,317), herein referred to as Sina in view of Sebastian Villwock et al. (US 2014/0341650), herein referred to as Villwock as applied to claim 19 above, and further in view of Timo Kirst et al. (US 2023/0191921), herein referred to as Kirst.
Regarding Claim 20: Sina teaches an articulated compaction machine (see Fig. 1) comprising a chassis with two compacting assemblies (12, 14). Each compacting assembly has a drum (38, 36) that engages the underlying work surface and a first enclosure which defines a primary enclosure that houses a set of primary components.
Sina does not teach an electric motor that drives rotation of the drum for propelling the machine, or a set of primary components specifically including: a battery for energizing the electric motor in each of the first and second compacting assemblies.
However, Kirst teaches (see paragraphs 0009 & 0010) an alternative embodiment to a trench compactor (see Fig. 4) wherein the travel drive and/or the steering drive comprise an electric motor and are operated exclusively electrically via electric motors which are supplied with electric energy from an electric energy storage device such as a rechargeable battery. Kirst further teaches wherein the batteries can be situated in the vacant space, which would have housed the combustion engine and its accessories (see annotated Fig. 4 below).
It would be obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention, to modify the articulated compaction machine of Sina to incorporate the full electric powertrain of Kirst, in order to take advantage of the electric powertrain not requiring high pressure fluid hoses that apt to burst, quieter operation of the electric motors and safer transportation of the machine to and from project sites, since no combustible fuel is required.
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Allowable Subject Matter
Claims 6 through 13 and 15 through 18 are 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. U.S. 5,082,396 to Manfred Polacek relates to a vibratory roller with a combustion engine that powers a hydraulic fluid pressure system to operate the various hydraulic components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KALPIT C. PATEL whose telephone number is (571)272-3053. The examiner can normally be reached 7.30am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher 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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/K.C.P./Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671
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