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 .
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.
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 30-33 and 38-42 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.
Claims 30-33 and 39-42 recite the limitation “the tool mounting units " in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 31-32 and 40-41 recite the limitation “the front end of the tool mounting units " in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 38 recites the limitation “the pair of foldable and/or flexible connectors" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. An amendment directed towards “the pair of
Claim Rejections - 35 USC § 103
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.
Claims 22 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (Pat. No.: 5,890,545; hereinafter Smith) in view of Friell (WO2020/112401).
Regarding independent claims 22 and 34, Smith discloses an apparatus for automatic weed control and/or leveling of gravel areas (See cols. 2-3, lns. 57-67 where it discloses the apparatus is for smoothing the sand of a bunker), said apparatus comprising:
a work vehicle (29); and
a tool unit; wherein said tool unit comprises:
a mounting bracket (80);
a tool frame sled (150) with a front end and a rear end (See Fig. 15a where the front end of sled 150 corresponds to the end disposed around depicted element 157 and the rear end corresponds to the end disposed around depicted element 151); and
a pair of flexible connectors (162) spanning between said mounting bracket (80) and said tool frame sled (150; See Fig. 7 and Fig. 15a where the connectors span between elements 86 and 151 of the mounting bracket 80 and tool frame sled 150 respectively);
wherein said mounting bracket (80) is adapted for releasably fastening of said tool unit to said work vehicle (29);
characterized in that each of said connectors (162) are fastened to each side of the rear end of said tool frame sled (See Fig. 15a where the rear end corresponds to the end disposed around depicted element 151).
Smith fails to disclose that the work vehicle is specifically a mobile robot as claimed. However, Friell discloses an autonomous vehicle/robot for ground maintenance operations (abstract) such as leveling (See para. [0066]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to automate the work vehicle disclosed by Smith utilizing the autonomous vehicle/robot since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192. Further, Friell discloses that it is known for autonomous and non-autonomous vehicles to be used in the art (See para. [0080]).
Claims 22-29 and 34-38 are rejected under 35 U.S.C. 103 as being unpatentable over Nicolai (Pat. No.: 8,083,005) in view of Friell (WO2020/112401).
Regarding independent claims 22 and 34, Nicolai discloses apparatus for automatic weed control and/or leveling of gravel areas (See col. 1, lns. 15-18 where it discloses the device is “a land leveling device for leveling uneven surface” and can thereby be use to level a gravel surface as claimed in claim 22, further See Fig. 3a for depiction of the device in use over an uneven surface), said apparatus comprising:
a work vehicle (12); and
a tool unit; wherein said tool unit comprises:
a mounting bracket (40);
a tool frame sled (20) with a front end and a rear end (See Fig. 1 where the front end corresponds to the portion disposed around but behind elements 21 and 22, and rear end is disposed around element 60); and
a pair of flexible connectors spanning between (See Fig. 1 where a first flexible connector consists of attached elements 70 and 72 and the second flexible connector consists of 74 and 76) said mounting bracket (40) and said tool frame sled (20);
wherein said mounting bracket (40) is adapted for releasably fastening (as disclosed in col. 4, lns. 9-15) of said tool unit (10) to said work vehicle (12); characterized in that each of said connectors (70,72, 74, 76) are fastened to each side of the rear end of said tool frame sled (as seen in Fig. 1).
Nicolai fails to disclose that the work vehicle is specifically a mobile robot as claimed. However, Friell discloses an autonomous vehicle/robot for ground maintenance operations (abstract) such as leveling (See para. [0066]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to automate the work vehicle disclosed by Nicolai utilizing the autonomous vehicle/robot since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192. Further, Friell discloses that it is known for autonomous and non-autonomous vehicles to be used in the art (See para. [0080]).
Regrading claim 23, the resultant combination discloses the apparatus according to claim 22. Nicolai, of the combination, also discloses wherein said mounting bracket (40) is adapted for being height adjustable (via lift member 14) relative to said mobile robot (See col. 7, lns. 11-37 where operation of the device is disclosed, and more specifically it discloses a raised and lowered position which generally corresponds to the heigh adjustable adaptation).
Regarding claim 24, the resultant combination discloses the apparatus according to claim 22. Nicolai, of the combination, also discloses wherein said tool frame sled (20) is adapted for tool exchange (since the tools attached to the sled frame 20 are not integral to the sled, they will be capable of replacement/repair with new tools, which corresponds to the claimed tool exchange).
Regarding claims 25-26 and 35-36, the resultant combination discloses the apparatus according to claim 22 and claim 34. Nicolai, of the combination, also discloses wherein the tool frame sled (20) comprises:
a front end (See Fig. 1 where the front end corresponds to the portion disposed around but behind elements 21 and 22) configured as a first elongate member (65) spanning from one side of the front end to the other (as seen in Fig. 1); and
a rear end (opposite front end) configured as a second elongate member (60) spanning from one side of the rear end to the other (as seen in Fig. 1);
wherein a space is formed between said front end and said rear end (as seen in Fig. 1);
wherein a pair of tool mounting units (30 and 36) are fastened to each side of said first and second elongate members (See Fig. 4 where elements 30 and 36 correspond to the pair of tool mounting units fastened to each side of the first and second elongate members)
wherein said pair of tool mounting units are adapted for releasably fastening (via 63-64 and 68-69) of a tool (See col. 6, lns. 7-35 for general disclosure of the mounting tool units of the elongate members, the ground contacting edge-surface of first and second elongate members corresponds to the claimed tool as this is what causes the leveling of the surface below) adapted for raking a surface (See col. 7, lns. 21-37 which discloses “running the flat bottom surface of the leveling members 60, 65 over any surfaces to be smoothed and/or cleared of debris” this corresponds to the claimed raking adaptation as it provides a collecting/gathering function of the ground surface via sweeping-like strokes).
Regarding claims 27 and 37, the resultant combination discloses the apparatus according to claim 22 and claim 34. Nicolai, of the combination, also discloses wherein the tool frame sled (20) comprises:
a front end (See Fig. 1 where the front end corresponds to the portion disposed around but behind elements 21 and 22) configured as a first elongate member (65) spanning from one side of the front end to the other (as seen in Fig. 1); and
a rear end (opposite front end) configured as a second elongate member (60) spanning from one side of the rear end to the other (as seen in Fig. 1);
wherein a space is formed between said front end and said rear end (as seen in Fig. 1); wherein said first (65) and second elongate members (60) are adapted for raking a surface (See col. 7, lns. 21-37 which discloses “running the flat bottom surface of the leveling members 60, 65 over any surfaces to be smoothed and/or cleared of debris” this corresponds to the claimed raking adaptation as it provides a collecting/gathering function of the ground surface via sweeping-like strokes).
Regrading claims 29 and 38, the resultant combination discloses the apparatus according to claim 22 and claim 34. Nicolai, of the combination, also discloses wherein the pair of flexible connectors (70, 72, 74, 76) span between the mounting bracket (40) and the tool frame sled (20) two times (i.e., across both sides as depicted in Fig. 4).
Regarding claim 28, the resultant combination discloses the apparatus according to claim 22, but fails to disclose wherein said mobile robot comprises a traction drive system and a boundary coverage system including a vehicle control unit commanding said traction drive system to drive said mobile robot relative to a boundary wire. Friell discloses a similar ground-treatment device that is adapted for mounting to a similar mobile robot (abstract). More specifically, Friell teaches wherein said mobile robot comprises a traction drive system and a boundary coverage system including a vehicle control unit commanding said traction drive system to drive said mobile robot relative to a boundary wire (as disclosed in para. [0008], [0032], and [0036]-[0037]). Therefore, it would have been obvious to modify the user-operated control of Nicolai with the vehicle control unit and boundary coverage system taught by Friell, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Claims 30-34 and 39-42 are rejected under 35 U.S.C. 103 as being unpatentable over Nicolai in view Friell and further in view of Fitzgerald (Pat. No.: 1,099,290).
Regarding claims 30 and 39, the resultant combination discloses the apparatus according to claim 22 and claim 34. Nicolai, of the combination, also discloses a pair of tool mounting units (30, 36) and wherein the pair of flexible connectors are each made from chain, rope, or wire.
However, Nicolai fails to disclose wherein tool mounting units each comprise a guide channel adapted for receiving its own chain, rope, or wire.
Fitzgerald discloses a similar apparatus for conditioning a ground surface (See pg. 1, lns. 8-13), the apparatus comprising a similar tool unit with a front and rear end (See Fig. 1, where the front end corresponds to the end of the frame near element 10, while the rear of the frame corresponds near element 18), a pair of flexible connectors (see chains in Fig. 1), and tool mounting units (1-4 as seen in Fig. 1). More specifically, Fitzgerald teaches that the tool mounting units (1-4) each comprises a guide channel (6, as seen in Fig. 3-4) adapted for receiving its own chain, rope, or wire (as disclosed in pg. 1, lns. 62-67).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool mounting units of Nicolai, to include the guide channel of Fitzgerald, in order to provide alternative means of providing independent movement to the elongate members (See pg. 1, lns. 80-90).
Regarding claims 31 and 40, the resultant combination discloses the apparatus according to claim 22 and claim 34. Nicolai, of the combination, also discloses a pair of tool mounting units (30, 36) wherein the pair of flexible connectors are each made from chain, rope, or wire, wherein one part of each chain, rope, or wire, is fastened to the rear end of the tool mounting unit (chain fastened at rear end at element 78 which is of the tool mounting unit 30 as seen in Fig. 4), and wherein an end of each chain, rope, or wire is fastened to the mounting bracket (chain fastened to mounting bracket 40 at 46 as seen in Fig. 4)
However, Nicolai fails to disclose wherein tool mounting units each comprise a guide channel adapted for receiving its own chain, rope, or wire; wherein the guide channel is formed in the front end of the tool mounting unit.
Fitzgerald discloses a similar apparatus for conditioning a ground surface (See pg. 1, lns. 8-13), the apparatus comprising a similar tool unit with a front and rear end (See Fig. 1, where the front end corresponds to the end of the frame near element 10, while the rear of the frame corresponds near element 18), a pair of flexible connectors (see chains in Fig. 1), and tool mounting units (1-4 as seen in Fig. 1). More specifically, Fitzgerald teaches that the tool mounting units (1-4) each comprises a guide channel (6, as seen in Fig. 3-4) adapted for receiving its own chain, rope, or wire (as disclosed in pg. 1, lns. 62-67); wherein the guide channel (6) is formed in the front end of the tool mounting unit (1-4, See Fig, 1 where guide channel is depicted near front end).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool mounting units of Nicolai, to include the guide channel of Fitzgerald, in order to provide alternative means of providing independent movement to the elongate members (See pg. 1, lns. 80-90).
Regarding claims 32 and 41, the resultant combination discloses the apparatus according to claim 22 and claim 34. Nicolai, of the combination, also discloses a pair of tool mounting units (30, 36) wherein the pair of flexible connectors are each made from chain, rope, or wire, wherein one part of each chain, rope, or wire, is fastened to the rear end of the tool mounting unit (chain fastened at rear end at element 78 which is of the tool mounting unit 30 as seen in Fig. 4), wherein an end of each chain, rope, or wire is fastened to the mounting bracket (chain 72 fastened to mounting bracket 40 at 46 as seen in Fig. 4); and wherein the opposite end of each chain, rope, or wire (chain 72 near 78 in Fig. 4 corresponds to the claimed opposite end of a chain) is also fastened (indirectly) to the mounting bracket (40).
However, Nicolai fails to disclose wherein tool mounting units each comprise a guide channel adapted for receiving its own chain, rope, or wire; wherein the guide channel is formed in the front end of the tool mounting unit.
Fitzgerald discloses a similar apparatus for conditioning a ground surface (See pg. 1, lns. 8-13), the apparatus comprising a similar tool unit with a front and rear end (See Fig. 1, where the front end corresponds to the end of the frame near element 10, while the rear of the frame corresponds near element 18), a pair of flexible connectors (see chains in Fig. 1), and tool mounting units (1-4 as seen in Fig. 1). More specifically, Fitzgerald teaches that the tool mounting units (1-4) each comprises a guide channel (6, as seen in Fig. 3-4) adapted for receiving its own chain, rope, or wire (as disclosed in pg. 1, lns. 62-67); wherein the guide channel (6) is formed in the front end of the tool mounting unit (1-4, See Fig, 1 where guide channel is depicted near front end).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool mounting units of Nicolai, to include the guide channel of Fitzgerald, in order to provide alternative means of providing independent movement to the elongate members (See pg. 1, lns. 80-90).
Regarding claims 33 and 42, the resultant combination discloses the apparatus according to claim 22 and claim 34. Nicolai, of the combination, also discloses a pair of tool mounting units (30, 36) wherein the pair of flexible connectors are each made from chain, rope, or wire, wherein one part of each chain, rope, or wire, is fastened to the rear end of the tool mounting unit (chain fastened at rear end at element 78 which is of the tool mounting unit 30 as seen in Fig. 4), wherein an end of each chain, rope, or wire is fastened to the mounting bracket (chain 72 fastened to mounting bracket 40 at 46 as seen in Fig. 4), and wherein the opposite end of each chain, rope, or wire (chain 72 near 78 in Fig. 4 corresponds to the claimed opposite end of a chain) is also fastened (indirectly) to the mounting bracket (40); and wherein the mounting bracket (40) comprises a pair of protruding rods or plates (42,44), and wherein the opposite end of each chain, rope, or wire (chain 72 near 78 in Fig. 4 corresponds to the claimed opposite end of a chain) is fastened (indirectly at 43 as seen in Fig. 4) to its own protruding rod or plate (42).
However, Nicolai fails to disclose wherein tool mounting units each comprise a guide channel adapted for receiving its own chain, rope, or wire; wherein the guide channel is formed in the front end of the tool mounting unit.
Fitzgerald discloses a similar apparatus for conditioning a ground surface (See pg. 1, lns. 8-13), the apparatus comprising a similar tool unit with a front and rear end (See Fig. 1, where the front end corresponds to the end of the frame near element 10, while the rear of the frame corresponds near element 18), a pair of flexible connectors (see chains in Fig. 1), and tool mounting units (1-4 as seen in Fig. 1). More specifically, Fitzgerald teaches that the tool mounting units (1-4) each comprises a guide channel (6, as seen in Fig. 3-4) adapted for receiving its own chain, rope, or wire (as disclosed in pg. 1, lns. 62-67); wherein the guide channel (6) is formed in the front end of the tool mounting unit (1-4, See Fig, 1 where guide channel is depicted near front end).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the tool mounting units of Nicolai, to include the guide channel of Fitzgerald, in order to provide alternative means of providing independent movement to the elongate members (See pg. 1, lns. 80-90).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ott (Pat. No.: 886,067) discloses a road drag with similar tool sled. Plowman (Pat. No.: 443,148) discloses a similar tool sled. Sievers (Pat. No.: 2,817,203) discloses an earth leveler. Additional references relevant but not cited here can be found in the attached 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Audrey L Lusk whose telephone number is (571)272-5132. The examiner can normally be reached M - F 8am-5pm.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
/A.L.L./Examiner, Art Unit 3671