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 Amendment
Amendment filed 7/6/2026 has been entered. Claims 3, 14-19 are cancelled and pending claims 1, 2, 4-13 are addressed below.
The previous claim interpretations under 112(f) for claim limitations reciting “a power device”, “a traveling device”, “a storage unit”, “a sprinkling device”, and “a sprinkling control unit” no longer applies in light of the current claim amendment.
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 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.
Claims 1, 2, 4-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gudat (US20130099017) in view of Anderson (US20190351784).
(Note 1: crossed-out limitations in this office action indicates the lack of explicit teaching in the primary reference; the limitation is addressed by additional teaching and/or teaching reference(s) below).
Regarding claim 1, Gudat discloses a sprinkling system at a work site, comprising:
a processor (372; par. 133: “microprocessor”);
a power source (par. 33: “an electronic engine control module, …, a steering control module,”, which implies an engine) that is mounted on a haul vehicle (102 or 106; par. 45 indicates “fluid delivery machine 106 may include similar components and systems as mobile machine 102”)
a sprinkler (spray heads 202; par. 28-29) that is mounted on the haul vehicle (see fig. 2) and sprays water
wherein the processor is configured to:
store a sprinkling position of the work site (par. 49: “based on the worksite map information stored in the onboard memory and on the current location of fluid delivery machine 106 (e.g., received from the location device)”); and
output a control command in such a manner that the sprinkler sprinkles water to the sprinkling position (par. 49: “the mission instructions may indicate the various paths in the fluid delivery route, as well as an allocated amount of fluid to be delivered to the respective paths…fluid delivery system 326 may begin spraying the fluid at the appropriate rate when fluid delivery machine 106 enters a particular paths specified by the mission instructions”),
wherein a sprinkling permissible level (the sensed worksite conditions are directly associated with fluid spray control; see figs. 7-8; the worksite conditions include at least moisture status red/yellow/green/blue, traffic volume and terrains, see paragraphs cited below) is set for each of a plurality of the sprinkling positions (par. 136 and fig. 7 indicate plurality of segments in the selected path; par. 141: “In step 714, fluid delivery controller 372 may determine a moisture status of the segment”; fig. 8 shows in step 806 that certain moisture status merit fluid delivery),
the sprinkling permissible level (see par. 122: “moisture status information 522 may indicate how depleted of fluid or “dry” each path segment is. Fluid delivery controller 372 may use moisture status information 522 to determine which paths or path segments merit fluid delivery at a particular time”) includes
sprinkling a permissible level 1 (area with “red” moisture status; par. 123: “a “red” status may indicate that the path segment is severely dry or under-watered”; par. 78: areas with heavy traffic requiring more fluid, especially when sensor indicates red moisture status) that is configured for a sprinkling area where sprinkling is always permitted (fig. 8; it is common sense that areas that are marked/sensed as severely dry always requires sprinkling to control dust),
sprinkling permissible level 2 that is configured for a sprinkling area in which a permissible sprinkling amount is set (area with “yellow” moisture status; par. 123: “a “yellow” status may indicate that the path segment is moderately dry or under-watered”; and par. 83: “path segments near buildings, machinery, worksite infrastructure, worksite personnel, work projects, etc. may be zoned for reduced or restricted fluid delivery, as spraying fluid in these segments may interfere with operations or otherwise be undesirable”; par. 75-76 also indicate areas with inclines, declines, ramp, and curves should have reduced fluid delivery; see steps 716 and 718), and
sprinkling permissible level 3 that is configured for a sprinkling area where sprinkling is not permitted (area with “green” or “blue” moisture status; par. 123: “a “green” status may indicate that the path segment is appropriately watered, and a “blue” status may indicate that the path segment is overwatered”, it is common sense that green and blue status would render sprinkling not permitted as it does not need more water; par. 67: “worksite map database 360 may contain information identifying which paths are eligible for fluid delivery. For example, certain paths…are closed”),
the processor is further configured to control a sprinkling amount from the sprinkler on a basis of the sprinkling permissible level (par. 122).
Gudat is silent regarding the power source generating power for driving a traveling device of the haul vehicle by causing hydrogen to react with oxygen and that the vehicle sprays water generated by the power device.
However, Anderson discloses a comparable vehicle system (fig. 1) with a spraying system (par. 24; fig. 1). The system includes a power device (fuel cell 104) that is mounted on a haul vehicle (fig. 1) and generates power for driving a traveling device of the haul vehicle (par. 16: “The electricity produced by the fuel cell is used to power electric motors that may indirectly or directly drive the wheels of the vehicle for propulsion”) by causing hydrogen to react with oxygen (par. 14-15), which generates water 112 stored in water storage 106 for spraying (par. 24) controllable via the control system 206 (par. 37).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gudat to incorporate the teachings of Anderson to provide the power device generates power for driving a traveling device of the haul vehicle by causing hydrogen to react with oxygen and that the vehicle sprays water generated in the power device. Doing so would improve fuel efficiency, compared to combustion engine, and reduce emissions (par. 17-18) while generating fresh water that can be utilized on demand, which is a more cost effect, energy effective, and environmentally friendly way to provide propulsion of these vehicles (par. 12).
Regarding claim 2, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 1, Gudat further discloses a position sensor (par. 33, item 312 and 320; fig. 3) that detects a position of the haul vehicle, wherein the processor (372) outputs the control command on a basis of a detection signal of the position sensor and the sprinkling position stored in a memory (par. 67: “worksite map database 360 may be used by fluid delivery controller 372 to identify paths and/or routes eligible for fluid delivery”; par. 133: “memory”).
Regarding claim 4, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 1, wherein the processor is further configured to controls the sprinkling amount (fig. 7: step 716-718) from the sprinkler on a basis of sprinkling result information (par. 122: “Fluid delivery controller 372 may use moisture status information 522 to determine which paths or path segments merit fluid delivery at a particular time”) indicating an already-sprinkled sprinkling position and sprinkling amount (see steps 706, 708 described in par. 137-138 and step 806 described in par. 150; any worksite location already sprayed can become dry again due to various environmental factors listed in par. 138 and further requiring sprays when marked with red or yellow moisture status; par. 138: “fluid delivery controller 372 may adjust …over a period of time T since process 700 was last performed.”) and a detection signal of a sprinkling determination sensor (see par. 123, see descriptions of red, yellow, green, blue moisture status; see worksite sensor system 302 and 316 described in par. 37-38, 53-55).
Regarding claim 5, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 4, where Gudat does not teach but Anderson discloses a water storage tank (106, fig. 1 in Anderson) that stores water generated in the power source (fuel cell 104) and sprinkled from the sprinkler (110); and a water amount sensor (208; par. 36: “the one or more sensors 208 may be used to monitor the water level of a water storage, the operational status of auxiliary systems and components of auxiliary systems…”) that detects a water amount of the water storage tank (106), wherein the sprinkling determination sensor includes the water amount sensor (208).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gudat to incorporate the teachings of Anderson to provide a water storage tank that stores water generated in the power source and sprinkled from the sprinkler; and a water amount sensor that detects a water amount of the water storage tank, wherein the sprinkling determination sensor includes the water amount sensor. Doing so would yield the predictable result of facilitating monitoring of water supply and sprinkling capability for efficiency and refilling when needed.
Regarding claim 6, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 4, wherein Gudat further discloses a dust sensor that detects dust at the work site (336; par. 54), wherein the sprinkling determination sensor includes the dust sensor (see par. 54-55).
Regarding claim 7, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 4 , Gudat further discloses an inclination angle sensor (par. 38: “tilt sensor”) that detects an inclination angle of a road surface of the work site, wherein the sprinkling determination sensor includes the inclination angle sensor (part of the various sensors associated with/contributing to the sprinkling action).
Regarding claim 8, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 4 , Gudat further discloses a slip sensor that detects a slip amount of tires mounted on driving wheels of the haul vehicle (par. 39: “the speed sensor may be configured to sense and provide an indication when mobile machine 102 loses traction or slips”), wherein the sprinkling determination sensor includes the slip sensor (part of the various sensors associated with/contributing to the sprinkling action).
Regarding claim 9, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 4, Gudat further discloses a weather sensor that detects weather at the work site, wherein the sprinkling determination sensor includes the weather sensor (362; fig. 3, par. 68).
Regarding claim 10, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 4, Gudat further discloses a temperature sensor (328) that detects a temperature of a road surface of the work site, wherein the sprinkling determination sensor includes the temperature sensor (par. 54; fig. 3).
Regarding claim 11, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 4, Gudat further discloses a humidity sensor (334) that detects humidity at the work site, wherein the sprinkling determination sensor includes the humidity sensor (par. 54).
Regarding claim 12, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 1, Gudat further discloses a monitor (314) that is mounted on the haul vehicle and that displays the sprinkling position (par. 34: “display”; par. 48: “display device… The displayed map may visually indicate the route specified by the mission, allowing the operator to control the fluid delivery machine 106 to travel the route and treat the route with fluid.”).
Regarding claim 13, Gudat, as modified above, discloses the sprinkling system of a work site according to claim 1, Gudat further discloses an input interface (314, 322; see fig. 3; par. 34, 45) mounted on the haul vehicle, wherein the processor (372) outputs the control command on a basis of an input signal (via 314 or 322 and communication systems 310 and 318) from the input interface (par. 32, 86, 171-172).
Response to Arguments
Applicant’s arguments with respect to the pending claims 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.
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 TUONGMINH NGUYEN PHAM whose telephone number is (571)270-0158. The examiner can normally be reached 9AM - 5PM M-F.
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/TUONGMINH N PHAM/Primary Examiner, Art Unit 3752
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