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
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.
Claim 1 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Windsor (US 8013567).
With respect to claim 1, Windsor discloses a power and control system for configuration to equipment to provide operative power to the equipment (in figure 1, Windsor discloses a portable power system 2 that provides operative power to equipment, where the equipment is a truck in this embodiment; note that in lines 55-63 of column 1, Windsor discloses using the portable power pack with agricultural equipment) comprising:
a control system having a user interface for providing input to the control system (in figure 1, Windsor discloses control panel 39 which is a user interface for providing input into a control system), the control system configured to:
at least one power output system (in lines 33-36 of column 2, Windsor discloses extension cords, booster cables, and pneumatic and hydraulic hoses for power connection, an of which reads on a power output system);
a power source motor configured to direct power through the control system to the at least one power output system (in figure 3, Windsor discloses air compressor 32 which pressurizes air tank 34, which then leads to an air hose 36 that provides power externally; the air compressor is but one of the power source motors disclosed by Windsor which also anticipates electrical current and hyrdraulic pressure, as disclosed by types of power connection in lines 33-36 of column 2; Windsor further discloses a motor in lines 36-42 of column 4 with fluid power 12 which can be a pneumatic compressor or hydraulic pump); and,
a battery configured to power the power source motor (in lines 36-42 of column 4, Windsor discloses a battery 10; figure 3 shows this generalized 10 connecting to – and powering - air compressor 32);
wherein the control system, user interface, power source motor, power output system and battery are configured to a frame for selective connection to the equipment and wherein once connected, the frame is supported and moveable with the equipment (in figure 1, Windsor discloses the portable power system within a casing – which reads on a frame – and connected to the truck which reads on equipment and moves with that equipment) and wherein the equipment is operable by a user through the user interface (in figures 4 and 5 as well as lines 23-54 of column 8 discloses functions that can be controlled by the control features; these controls include charging/jumping a truck, which reads on the equipment being operable by a user through the user interface because the truck would be inoperable – if it’s battery is dead – without the jumpstart chosen by the user).
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 2, 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Windsor in view of Nicora et al. (US 2020/0128749 hereinafter Nicora).
With respect to claim 2, Windsor discloses the limitations of claim 1. Windsor further discloses the power source motor is a hydraulic motor and the at least one power output system is at least two power output systems including hydraulic fluid output (in figure 1, Windsor discloses two power output systems, one of which is hydraulic 12 and one electrical 10). Windsor does not disclose that one of the power output systems includes a combination of rotary power output and hydraulic fluid output.
However, Nicora, which is directed to powering agricultural equipment, discloses a combination of rotary power output and hydraulic fluid output (in figure 3, Nicora discloses hydraulic pumps used to drive certain parts of the agricultural equipment; in paragraph 3, Nicora discloses powering a number of elements that include fan 118, which require rotary power output).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the utility of Nicora driving rotary mechanical and hydraulic power with the hydraulic output of Windsor because each element merely performs the same function as it does separately. The predictable result of the combination is a portable power system that drives specific agricultural equipment by providing both hydraulic and rotational power (see MPEP 2143(I)(A)).
With respect to claim 4, Windsor in view of Nicora discloses the limitations of claim 2. Windsor further discloses the equipment is supported by a wheel system having a steering system (in figure 1, Windsor discloses the portable power system is carried on a truck; the truck anticipates a wheel system and a steering system – recall also that the truck is merely an embodiment and Windsor has taught that the power pack can be applied to agricultural equipment). Windsor does not disclose the at least one power output system is configured to provide motive power to the steering system.
However, Nicora, which is directed to a power system for agricultural equipment, discloses a power output system configured to provide motive power to a steering system (in figure 3, Nicora discloses hydraulic pumps 204 connected to power steering 86; the diagram is a schematic for supplying power to a combine harvester).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the hydraulic output of Windsor with the system of Nicora because each element merely performs the same function as it does separately. The predictable result of the combination is a back-up power system for the combine harvester of Nicora that can drive not only electrically driven components but also hydraulically drive components like the power steering (see MPEP 2143(I)(A)).
With respect to claim 5, Windsor discloses the limitations of claim 1. Windsor does not disclose the power source motor is an electric motor.
However, Nicora, which is directed to a power system for agricultural equipment, discloses a power source motor [for agricultural equipment] is an electric motor (in figure 3, Nicora discloses electric motor 202, which is for powering some portions of the agricultural equipment).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the electric motor of Nicora with the portable power system of Windsor because each element merely performs the same function as it does separately. The predictable result of the combination is portable power system that can drive not only hydraulically powered systems but also those driven by electrical motors (see MPEP 2143(I)(A)).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Windsor in view of Nicora et al. as applied to claim 2 and further in view of Vaughan (US 4271919).
With respect to claim 3, Windsor in view of Nicora discloses the limitations of claim 2. Windsor in view of Nicora further discloses equipment is supported by a wheel system having a steering system (in figure 1, Windsor discloses the portable power system is carried on a truck; the truck anticipates a wheel system and a steering system – recall also that the truck is merely an embodiment and Windsor has taught that the power pack can be applied to agricultural equipment). Windsor does not disclose that the at least one power output system is configured to provide motive power to the at least one axle motor configured to the wheel system.
However, Vaughan discloses a power output system is configured to provide motive power to the at least one axle motor configured to the wheel system (in the abstract, Vaughan discloses using battery power to move agricultural equipment using the power system that drives other elements of the equipment).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to modify the the portable power system of Windsor in view of Nicora so that it can provide motive force to wheels as taught by Vaughan with the motivation to “move and manoeuver [augur assemblies] around a farmyard [because] it is not always convenient to hitch a tractor to such augur assemblies” (Vaughan, abstract).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Vaughan in view of McColl (US 3911980).
With respect to claim 6, Vaughan discloses a granular material moving system supported on a frame having a wheel system (in figure 1, Vaughan discloses an agricultural augur – which renders obvious a granular material moving system – that has a wheel system, as described in the abstract);
a portable power system (PPS), the PPS supporting a battery, a power system and an input system wherein (in the abstract, Vaughan discloses a battery, powering a caster wheel with the battery – which renders a power system obvious -, and a switch that connects the battery to the wheel assembly; the switch reads on an input system):
the battery supplies power to the power system (as disclosed in the abstract, Vaughan discloses that the battery powers the system);
the power system includes:
a first power output system configured to the granular material moving system (in the abstract, Vaughan discloses that the battery powers the augur system that moves material through the augur assembly – see also lines 22-32 of column 1, which discusses the battery and power source for the augur);
a second power output system configured to the wheel system (in the abstract, Vaughan discloses that the battery powers the wheel system); and,
the input system is configured to enable an operator to activate the first and second power output systems (in lines 49-53 of column 2, Vaughan discloses the switch 40 activates the auger assembly; in the abstract, a switch is used to activate the wheel system).
Vaughan does not disclose that the PPS is pivotally connected to the frame.
However, McColl discloses a portable power system pivotally connected to a frame (in the abstract, McColl discloses a power unit rotationally – “pivotally” in claim 11 of McColl – attached to the exterior of an harvester).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to substitute the hanging power unit of McColl for the rigidly attached power unit of Vaughan because the substituted components and their functions were known in the art. The predictable result of the substitution would be a power source that is relatively easy to replace (see MPEP 2143(I)(B)).
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Vaughan in view of McColl as applied to claim 6 above, and further in view of Nicora.
With respect to claim 7, Vaughan in view of McColl discloses the limitations of claim 6. Vaughan in view of McColl does not disclose a third power output system configured [for] a steering system configured to the wheel system and the input system is configured to enable an operator to activate the third power output system.
However, Nicora discloses a third power output system configured [for] a steering system configured to the wheel system and the input system is configured to enable an operator to activate the third power output system (in figure 3, Nicora discloses an hydraulic system 204 that powers a steering system 86).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the power steering of Nicora with the agricultural auger of Vaughan in view of McColl because each element merely performs the same function as it does separately. The predictable result of this combination would be that users of the agricultural auger would not need to manually push the assembly around to steer it (see MPEP 2143(I)(A)).
With respect to claim 8, Vaughan in view of McColl and Nicora discloses the limitations of claim 7. Vaughan in view of McColl and Nicora further discloses a power system configured to the granular material moving system to rotate the granular material moving system relative to a horizontal axis (in the abstract, Vaughan discloses an agricultural auger – augers rotate relative to a horizontal axis; note that the first power output system is not differentiated from any of the other power output systems that are specific to the operation of the granular material moving system). The combination has not yet been shown to disclose a fourth power output system.
However, Nicora discloses a fourth power output system configured to the granular material moving system to rotate the granular material moving system relative to a horizontal axis (in figure 3, Nicora discloses an hydraulic system 204 that powers several systems; this figure also shows at least nine electric motors used to power different parts of agricultural equipment).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the power outputs of Nicora with the agricultural auger of Vaughan in view of McColl because each element merely performs the same function as it does separately. The predictable result of this combination would be that all portions of the agricultural auger receive power (see MPEP 2143(I)(A)).
With respect to claim 9, Vaughan in view of McColl and Nicora discloses the limitations of claim 8. Vaughan in view of McColl and Nicora has yet been shown to disclose the system includes a product input system and the system further comprises a fifth power output system configured to the input system to rotate the product input system relative to a horizontal axis.
However, Nicora discloses a product input system and the system further comprises a fifth power output system configured to the input system to rotate the product input system relative to a horizontal axis (in figure 3, Nicora discloses a gatherer drum 32 with an electric motor; the gatherer drum reads on the input system, and it is rotated as rendered obvious by the drum being a spiral feed roller as described in paragraph 19; while the auger system of Vaughan is shown as angled with respect to horizontal, machines used on uneven terrain – such as agricultural land – are frequently put at angles, which renders horizontal use obvious; the power converter upstream from the electric motor – 222 in this case – reads on a fifth power output system).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the gathering drum of Nicora with the agricultural auger of Vaughan in view of McColl because each element merely performs the same function as it does separately. The predictable result of this combination would be an agricultural auger that could collect crop from a field (see MPEP 2143(I)(A)).
With respect to claim 10, Vaughan in view of McColl and Nicora discloses the limitations of claim 9. Vaughan in view of McColl and Nicora has yet to disclose that the power system and battery system include a charge controller, a motor controller and an electric motor and hydraulic power system configured to provide hydraulic power to each of the first, second, third, fourth and fifth power output systems.
However, Nicora discloses a power system and battery system including a charge controller, a motor controller and an electric motor and hydraulic power system configured to provide hydraulic power to each of the first, second, third, fourth and fifth power output systems (in figure 3, Nicora discloses a controller 226 that manages any number of electric motors and converter 224, which means the controller reads on a charge controller and a motor controller; in paragraph 38, Nicora discloses providing pressurized hydraulic fluid to any suitable component of the agricultural implement, which renders obvious hydraulic power to all five hydraulic power systems).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective date of the instant invention to combine the controller and hydraulic system of Nicora with the agricultural auger of Vaughan in view of McColl because each element merely performs the same function as it does separately. The predictable result of this combination would be an agricultural auger that would run off of hydraulic power and be more automatically controlled than if used purely by hand (see MPEP 2143(I)(A)).
Allowable Subject Matter
Claim 11 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. Windsor (US 2021/0021139) further describes the portable power system of the Windsor reference used above; of particular note, in paragraph 61, the Windsor application discloses that the portable system is designed to provide the desired power output required by an user.
Shacklee et al (US 2010/0054970) discloses a portable power system, as shown in the abstract; the system can provide hydraulic power, as described in the abstract.
Tisdal (US 2009/0072584) discloses a portable power system, as shown in the abstract. Paragraph 61 gives examples of where the system can be used and includes hydraulic pumps and auto and truck systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JAMES MEISLAHN whose telephone number is (703)756-1925. The examiner can normally be reached 8:30-5:30 EST M-Th, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS J MEISLAHN/Examiner, Art Unit 3671
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671
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