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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claim 35 is 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.
Claim limitation “means for coupling a plurality of weight sensors with the container” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification discloses that weight sensors are installed (par. 37); and that the weight sensors may be mounted to be most sensitive in the downward direction (pars. 41-43). However there is no disclosure of the structure, materials or acts to couple the weight sensors with the container. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 4, 18, 20, 21 and 35 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Application Publication 2014/0288789 to Van Mill et al. (Van Mill).
Claims 1, 18 and 35
With regard to coupling a plurality of weight sensors with the container, each configured to produce a signal indicative of a measure of the weight of the container, and any material contained therein, along an axis of measurement; Van Mill teaches load cells that are mounted on a grain cart to measure the wait of the grain cart (Fig. 9A, load cells 310a-310d; Fig. 15, load cells 310a-310d, grain cart 300; pars. 88, 90).
With regard to coupling each of the plurality of weight sensors with a junction box configured to combine the signals produced thereby and communicate the combined signals to a processor for processing and subsequent transmission to a remote device coupled with the processor; Van Mill teaches that the load cells are connected to a junction box which is connected to an indicator (Fig. 9A, junction box 401, indicator 403; pars. 90, 93).
With regard to one of connecting or disconnecting, electronically by the junction box, one or more of the of the plurality of weight sensors such that the combined signals communicated to the processor include only signals produced by the electronically connected weight sensors and do not include signals produced by the electronically disconnected weight sensors; Van Mill teaches that the junction box may multiplex each sensor (par. 90).
With regard to determining, by the processor, the mass of the container, and any material contained therein, while the container is moving based on the received combined signals; Van Mill teaches determining the total weight of the hopper or container (par. 93).
As discussed above, claim 35 includes limitations that are being interpreted under 35 U.S.C. 112(f). The specification discloses that the signals are coupled through a typical passive junction box (Specification, par. 5; Fig. 4, junction box 15, weight sensors 14). Van Mill teaches a junction box that may be connected with sensors using typical wired or wireless connections (par. 91). The specification discloses digitally controlled switches as a means for connecting or disconnecting (Specification, par. 86). Van Mill teaches a multiplexor as discussed above (par. 90). The specification discloses a processor for determining the mass of the container (pars. 48-59). Van Mill discloses a processor (par. 31).
Claims 3 and 20
Van Mill teaches that the coupling of the plurality of weight sensors further comprises mounting each of the plurality of weight sensors to the container so that the at least one weight sensor is most sensitive in a gravitational direction while the container is stationary and positioned on level ground (par. 88, load cell is placed between the hopper container and its support and thus beneath the hopper).
Claims 4 and 21
Van Mill teaches that the remote device is wirelessly coupled with the processor (par. 29, 91, indicator may communicate wirelessly).
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.
Claim(s) 2 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Mill in view of AU 2012232994 to Gale (Gale).
Claims 2 and 19
Van Mill teaches all the limitations of claim 1 upon which claim 2 depends and claim 18 upon which claim 19 depends. Van Mill does not teach that each of the plurality of weight sensors comprises a load cell coupled with a converter operative to convert a weight signal generated thereby into a digital representation thereof for communication to the processor via the junction box. Gale teaches connecting the output of load cells to an analog to digital converter (page 13, lines 14-25). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the weight measurement, as taught by Van Mill, to include an analog to digital converter, as taught by Gale, because an analog to digital converter is a well known method of converting an analog signal to a digital signal for processing in a computer.
Allowable Subject Matter
Claims 5-17 and 22-34 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication 2006/0046800 to Kaltenheuser teaches a method for weighing crop on board a harvester.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL L BARBEE whose telephone number is (571)272-2212. The examiner can normally be reached M-F: 9-5:30..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached at 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANUEL L BARBEE/Primary Examiner, Art Unit 2857