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 § 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(s) 1-13, 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukushima et al. US 2014/0076596. Fukushima et al. disclose a soil tamper, such as a jumping jack (10). The jumping jack comprising:
A housing (10a) including a reciprocating drive (10b).
A motor (12), A compacting foot (10c), an on/off switch (56), an ignition switch (62) and;
A controller (70) configured to receive a signal from said switches (56, 62) as well as an engine speed signal from an engine speed sensor; determine the current engine speed is below an idling speed, indicating a machine tip-over event; and send a control signal stop the engine. [0018-23, 30-0038, 0045-56].
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
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 nonobviousness.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. US 2014/0076596 in view of Becker et al. US 2014/0161541.
Fukushima et al. disclose a soil tamper, such as a jumping jack (10). The jumping jack comprising:
A housing (10a) including a reciprocating drive (10b).
A motor (12), A compacting foot (10c) and;
A controller (70) configured to receive an engine speed signal from an engine speed sensor; determine the current engine speed is below an idling speed, indicating a machine tip-over event; and send a control signal stop the engine. But do not disclose the use of a tilt sensor. However, Becker et al. teaches a jumping jack (1) comprising:
An engine (3), a drive train and a compacting foot (9). A tilt switching system includes a sensor (49) configured to detect when a maximum degree of tilt has been exceeded, send a signal to a control unit (50), the control unit sends a stop engine signal to stop the engine. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the jumping jack of Fukushima et al. with a tilt switching system as taught by Becker et al. in order to improve safety.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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, Chris Sebesta can be reached on 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you need help from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 2/24/2026
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