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 Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 6, 7, 9-11, 14, 15, 17, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ennis (US 11,365,528).
As concerns claim 1, Ennis shows a mobile construction equipment (150), comprising: a blade (121) that is movable with respect to the mobile construction equipment, the blade being configured to impart at least one cross slope on a surface on which the mobile construction equipment is operating (Fig. 3A-3F); and a controller (160) configured to receive at least a first target cross slope (307), a second target cross slope (307), and at least one input (152), and, based on the at least one input, transition (346) the blade from a first blade position to impart the first target cross slope on the surface to a second blade position to impart the second target cross slope on the surface (Fig. 3A-3F; col 4, ln 40 – col 5, ln 26; col 5, ln 65 – col 6, ln 10; col 6, ln 25-35).
As concerns claims 2 and 10, Ennis shows a satellite positioning unit (155) of a global navigation satellite system (102), the satellite positioning unit being configured to output location (122) of the mobile construction equipment (150), wherein the at least one input comprises the location of the mobile construction equipment (Fig. 4 & 11; col 4, ln 9-23; col 5, ln 27-44).
As concerns claims 3 and 11, Ennis shows wherein the controller is configured to transition the blade from the first blade position to the second blade position as the mobile construction equipment moves from a first location to a second location (Fig. 3A-3F, 4 & 11).
As concerns claims 6 and 14, Ennis shows a transition mode switch (switch) movable between an on position and an off position, wherein, when the transition mode switch is in the on position, the controller (160) is configured to transition the blade from the first blade position to the second blade position at a cross slope transition rate (Fig. 3A-3F, 4 & 11; col 6, ln 25-35).
As concerns claims 7 and 15, Ennis shows wherein the cross slope transition rate is adjustable by an operator of the mobile construction equipment (Fig. 3A-3F).
As concerns claim 9, Ennis shows a method for imparting at least one cross slope on a surface (Fig. 3A-3F) using a mobile construction equipment (150), the method comprising: receiving (160) at least a first target cross slope (307) for the surface, a second target cross slope (307) for the surface, and at least one input (152); and based on the at least one input, transitioning (346) a blade (121) of the mobile construction equipment from a first blade position to impart the first target cross slope on the surface to a second blade position to impart the second target cross slope on the surface (Fig. 3A-3F; col 4, ln 40 – col 5, ln 26; col 5, ln 65 – col 6, ln 10; col 6, ln 25-35).
As concerns claim 17, Ennis shows a controller (160) for a mobile construction equipment (150) having a blade (121) that is movable with respect to the mobile construction equipment to impart at least one cross slope on a surface on which the mobile construction equipment is operating (Fig. 3A-3F), the controller being configured to: receive a first target cross slope (307) for the surface; receive a second target cross slope (307) for the surface; receive at least one input (152); and based on the at least one input, transition (346) the blade from a first blade position to impart the first target cross slope on the surface to a second blade position to impart the second target cross slope on the surface (Fig. 3A-3F; col 4, ln 40 – col 5, ln 26; col 5, ln 65 – col 6, ln 10; col 6, ln 25-35).
As concerns claim 18, Ennis shows wherein the controller is configured to receive a location (122) of the mobile construction equipment (150), the at least one input comprising the location (Fig. 4 & 11; col 4, ln 9-23; col 5, ln 27-44), and wherein the controller is configured to transition the blade from the first blade position to the second blade position as the mobile construction equipment moves from a first location to a second location (Fig. 3A-3F, 4 & 11).
As concerns claim 20, Ennis shows wherein, when the mobile construction equipment is in a transition mode, the controller is configured to determine a cross slope transition rate for transitioning the blade from the first blade position to the second blade position (Fig. 3A-3F, 4 & 11; col 6, ln 25-35), the cross slope transition rate being adjustable by an operator of the mobile construction equipment (Fig. 3A-3F).
Allowable Subject Matter
Claims 4, 5, 8, 12, 13, 16 and 19 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not appear to anticipate and/or render obvious:
a) a mobile construction equipment, comprising: a blade that is movable with respect to the mobile construction equipment, the blade being configured to impart at least one cross slope on a surface on which the mobile construction equipment is operating; a controller configured to receive at least a first target cross slope, a second target cross slope, and at least one input, and, based on the at least one input, transition the blade from a first blade position to impart the first target cross slope on the surface to a second blade position to impart the second target cross slope on the surface; a satellite positioning unit of a global navigation satellite system, the satellite positioning unit being configured to output location of the mobile construction equipment, wherein the at least one input comprises the location of the mobile construction equipment, wherein the controller is configured to transition the blade from the first blade position to the second blade position as the mobile construction equipment moves from a first location to a second location; and a machine speed sensor configured to provide a machine speed of the mobile construction equipment, wherein the at least one input comprises the machine speed of the mobile construction equipment.
b) a mobile construction equipment, comprising: a blade that is movable with respect to the mobile construction equipment, the blade being configured to impart at least one cross slope on a surface on which the mobile construction equipment is operating; a controller configured to receive at least a first target cross slope, a second target cross slope, and at least one input, and, based on the at least one input, transition the blade from a first blade position to impart the first target cross slope on the surface to a second blade position to impart the second target cross slope on the surface; a transition mode switch movable between an on position and an off position, wherein, when the transition mode switch is in the on position, the controller is configured to transition the blade from the first blade position to the second blade position at a cross slope transition rate; and a machine speed sensor configured to provide a machine speed of the mobile construction equipment, wherein the controller is configured to determine the cross slope transition rate based at least in part on the machine speed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Horstman et al. (US 2017/0114523), Gentle et al. (US 2016/0237642), and Krieg et al. (US 6,286,606) each show a mobile construction equipment having a blade that is movable and a controller configured to control the blade to impart a cross slope on a surface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571)272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3679
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