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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains implied phrases (i.e., "The invention is directed to..." in line 1, and "Disclosed also are..." in line 4). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
The claims are objected to because of the following informalities:
claim 3, line 3 recites "at least part is position" (instead of "at least part is positioned");
claim 4, lines 6-7 recite "within the plane of the aperture said sideguard" (instead of "within the plane of the aperture in said side guard");
claim 8, line 2 recites "the bottommost edge" (instead of "the bottom edge" as set forth in claim 1);
claim 10, line 2 recites "the forward blade assembly portion in contoured" (instead of "the forward blade assembly portion is contoured");
claim 11, line 2 recites "the portion connecting linkage sets comprises" (instead of "the portion connecting linkage set comprises");
claim 12, line 2 recites "the portion connecting linkage sets comprises" (instead of "the portion connecting linkage set comprises");
claim 13, line 2 recites "the linkages of the portion connecting linkage sets include" (instead of "the linkages of the portion connecting linkage set include"); and
claim 15, lines 2-3 recite "either or both of a wheel(s), or wheel(s)" (instead of "either a wheel or wheels").
Appropriate correction (or explanation) is required.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation (BRI) 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.
Claim 5 recites "there is a powered actuator..." in line 2. This recitation is interpreted to mean that the claimed device (i.e., the ground working accessory) further comprises or includes a powered actuator as claimed.
Claim 6 recites "there are stops..." in line 2. This recitation is interpreted to mean that the claimed device (i.e., the ground working accessory) further comprises or includes stops as claimed.
Claim 14 recites "there are provided one or more actuators..." in line 2. This recitation is interpreted to mean that the claimed device (i.e., the ground working accessory) further comprises or includes one or more actuators as claimed.
Claim 15 recites "there is provided a forward wheel assembly..." in line 2. This recitation is interpreted to mean that the claimed device (i.e., the ground working accessory) further comprises or includes a forward wheel assembly as claimed.
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.
Claims 3, 4, 6, 7, 11-14, and 16 are 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.
The claims are replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device.
Claim 3 recites the limitation "the alternate side" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "said side guard" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the drum" in line 4. There is insufficient antecedent basis for this limitation in the claim. Additionally, the motor cannot be positioned relative to the lateral rotatable powered drum assembly (at least not relative to the entirety of the assembly) because the motor is an element of (i.e., part of) the lateral rotatable powered drum assembly. Otherwise, such positioning would be positioning of the motor relative to itself.
Claim 4 recites the limitation "said side guard" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the flange" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the plane" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the lowest position" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the lowest portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the lowest point" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites "the portion connecting linkage set[] comprises four linkages" in line 2. However, claim 1 (from which claim 11 depends) previously recites "a portion connecting linkage set comprising linkages" in lines 4-5. It is unclear if "four linkages" in claim 11 are of or in addition to the "linkages" set forth in claim 1. Thus, the metes and bounds of the linkages required by claim 11 cannot be determined. Therefore, claim 11 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are required.
Further, claim 11 recites "a first set of two linkages" in line 5 and "a second set of two linkages" in line 8. It is unclear if the first and second sets of linkages in claim 11 are of the "four linkages" introduced earlier in claim 11 and/or are of the "linkages" set forth in claim 1, or if additional linkages are being introduced. Thus, the metes and bounds of the linkages required by claim 11 cannot be determined. Therefore, claim 11 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are required.
Claim 11 recites the limitation "the longitudinal centre axis" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites "the portion connecting linkage set[] comprises three linkages" in line 2. However, claim 1 (from which claim 12 depends) previously recites "a portion connecting linkage set comprising linkages" in lines 4-5. It is unclear if "three linkages" in claim 12 are of or in addition to the "linkages" set forth in claim 1. Thus, the metes and bounds of the linkages required by claim 12 cannot be determined. Therefore, claim 12 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are required.
Further, claim 12 recites "a first set of two linkages" in line 5 and "a single additional linkage" in line 8. It is unclear if the first set of two linkages and the single additional linkage in claim 12 are of the "three linkages" introduced earlier in claim 12 and/or are of the "linkages" set forth in claim 1, or if additional linkages are being introduced. Thus, the metes and bounds of the linkages required by claim 12 cannot be determined. Therefore, claim 12 is indefinite and rejected under 35 U.S.C. 112(b) such that clarification and correction are required.
Claim 12 recites the limitation "the longitudinal centre axis" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the longitudinal centre axis" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. Additionally, claim 14 is rejected because of its dependency on claim 13.
Claim 16 recites "there is provision for mounting booms..." in line 2. The scope of "provision for mounting booms..." cannot be determined, and the specification fails to provide any further detail. As such, it is unclear if "provision for mounting booms..." requires actual structure (or merely space or planning for structure), and if actual structure is required, how such structure relates to (i.e., is defined "for") mounting booms. Thus, the metes and bounds of the limitations in claim 16 cannot be discerned. Therefore, claim 16 is indefinite and rejected under 35 U.S.C. 112(b).
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.
(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.
Claims 1-3 and 5-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Long (US 4,643,261).
Regarding claim 1, Long discloses a ground working accessory for a vehicle comprising:
a body attachment portion (including 6), including attachment means to a vehicle (of 1; see Fig. 1), and
an accessory body portion comprising a lateral rotatable powered drum assembly (including 9, 11, and structure therebetween), and a forward blade assembly portion (including 4) whose bottom edge may be raised and lowered (via 69) in elevation relative to the lateral rotatable powered drum assembly;
the body attachment and accessory body portions being connected by a portion connecting linkage set comprising linkages (including 63, 64, and those of 8) permitting at least vertical travel of the accessory body portion relative to the body attachment portion.
Regarding claim 2, Long discloses the ground working accessory of claim 1, wherein the accessory body portion includes side guards (of 12) on either side thereof (see Figs. 15 and 16) to which each end of the lateral rotatable powered drum assembly (including 9, 11, and structure therebetween) is attached respectively.
Regarding claim 3, Long discloses the ground working accessory of claim 2, wherein the lateral rotatable powered drum assembly has an externally offset driving motor (13), of which at least part is positioned on an alternate side of said side guards (see Figs. 3, 10, and 16).
Regarding claim 5, Long discloses the ground working accessory of claim 1, further comprising a powered actuator (including 69) effecting raising and lowering of said forward blade assembly portion (relative to the lateral rotatable powered drum assembly). Additionally, Examiner notes that it is old and well-known in the art of ground working accessories to provide blade and support structure as taught by Long with a powered actuator for raising and lowering of the blade structure relative to the support structure.
Regarding claim 6, Long discloses the ground working accessory of claim 1, further comprising stops (within or of 8; see Fig. 2) for limiting a lowermost position of the forward blade assembly portion (by rotation thereof).
Regarding claim 7, Long discloses the ground working accessory of claim 1, wherein a lowermost portion of said forward blade assembly portion (including 4) is capable of being below a lowermost point on said lateral rotatable powered drum assembly (as shown by the dashed/phantom lines in Fig. 2).
Regarding claim 8, Long discloses the ground working accessory of claim 1, wherein the bottom edge of the forward blade assembly portion (including 4) comprises a pivoting blade edge (see Figs. 1 and 2) capable of pivoting about a substantially lateral axis (perpendicular to the plane of Fig. 2 and defined through 8 and/or 27).
Regarding claim 9, Long discloses the ground working accessory of claim 8, wherein said blade edge (of 4) is capable of any one or more of:
pivoting in a rearward direction (capable of pivoting counterclockwise from the position shown in Fig. 2);
pivoting in a forward direction (capable of pivoting clockwise from the position shown in Fig. 2);
being fixed against pivoting (capable of being fixed for operation).
Regarding claim 10, Long discloses the ground working accessory of claim 1, wherein the forward blade assembly portion (including 4) is contoured concavely and rearwardly (see Figs. 1 and 2, wherein 4 is concave "rearwardly" as shown by Applicant) to facilitate driving material in a forward direction before it.
Regarding claim 11, Long discloses the ground working accessory of claim 1, wherein the linkages of the portion connecting linkage set comprise four linkages (including 63 and 64) in which the four linkages are arranged, when the accessory body portion is not raised nor lowered relative to the body attachment portion (as defined by use), such that the four linkages include:
a first set of two linkages (63) which are substantially at the same elevation when viewed from the side (see Fig. 15) and are substantially parallel to each other when viewed from above (see Fig. 16), and
a second set of two linkages (64) which are substantially at the same elevation when viewed from the side (see Fig. 15) and are substantially parallel to each other when viewed from above (see Fig. 16).
Regarding claim 12, Long discloses the ground working accessory of claim 1, wherein the linkages of the portion connecting linkage set comprise three linkages (including 63 and further including 70) in which the three linkages are arranged, when the accessory body portion is not raised nor lowered relative to the body attachment portion (as defined by use), such that the three linkages include:
a first set of two linkages (63) are substantially at the same elevation when viewed from the side (see Fig. 15) and which are substantially parallel to each other when viewed from above (see Fig. 16), and
a single additional linkage (70) at a different elevation, when viewed from the side, than the first set of two linkages, and wherein the single additional linkage lies near and substantially parallel to a longitudinal centre axis of the ground working accessory (see Figs. 15 and 16).
Regarding claim 13, Long discloses the ground working accessory of claim 1, wherein the linkages (including 63, 64, and those of 8) of the portion connecting linkage set include pivotable connections (including connections of 63 and 64 to 62 and 68; see Figs. 15 and 16) at their ends which permit up and down movement of the accessory body portion relative to the body attachment portion (see col. 7, lines 1-57).
Regarding claim 14, Long discloses the ground working accessory of claim 13, further comprising an actuator (including 69) effecting permitted movements as defined in claim 13. Additionally, Long discloses other actuators (including 71) which also effect the permitted movements.
Regarding claim 15, Long discloses the ground working accessory of claim 1, further comprising a forward wheel assembly (including wheels shown to the right of 3 in Fig. 1) comprising either a wheel or wheels (see Fig. 1).
Regarding claim 16, Long discloses the ground working accessory of claim 1, in which there is provision for mounting booms for affixing accessories, including guidance sensors, as Long shows adequate space for such mounting in the figures.
Claims 1-6 and 8-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gerber et al. (US 2023/0087006)
Regarding claim 1, Gerber discloses a ground working accessory for a vehicle comprising:
a body attachment portion (including 44), including attachment means to a vehicle (see para. 0050), and
an accessory body portion comprising a lateral rotatable powered drum assembly (including 150), and a forward blade assembly portion (including 186) whose bottom edge may be raised and lowered in elevation relative to the lateral rotatable powered drum assembly (at least via movement shown in Figs. 6A and 6B);
the body attachment and accessory body portions being connected by a portion connecting linkage set comprising linkages (including 30C, 30D, 66A, and 66B, and including 134, 136A, and/or 138A) permitting at least vertical travel of the accessory body portion relative to the body attachment portion.
Regarding claim 2, Gerber discloses the ground working accessory of claim 1, wherein the accessory body portion includes side guards (of 170 and/or alternatively including 142A and 142B) on either side thereof to which each end of the lateral rotatable powered drum assembly (including 150) is attached respectively (see Figs. 2-4).
Regarding claim 3, Gerber discloses the ground working accessory of claim 2, wherein the lateral rotatable powered drum assembly has an externally offset driving motor (156), of which at least part is positioned on an alternate side of said side guards (see Figs. 3, 4, 8A, and 8B).
Regarding claim 4, Gerber discloses the ground working accessory of claim 3, wherein the lateral rotatable powered drum assembly (including 150) is connected, at its end distal the motor (156), to a flange assembly (including 142B and 178 thereon) sandwiching a side guard (including that of 170B, and including 174 thereof, which includes 175 and 177) of said side guards (of 170) within the flange assembly (at least 142B and 178 sandwiching 175 therebetween; see Fig. 2), and wherein a portion (including 178) of said flange assembly passes through an aperture (within 174) in said side guard of greater diameter than the portion passing therethrough (see Fig. 2, and as shown in Fig. 3), such that the flange assembly is allowed limited planar movement within a plane of the aperture in said side guard (relative to said side guard).
Regarding claim 4, Gerber alternatively discloses the ground working accessory of claim 3, wherein the lateral rotatable powered drum assembly (including 150) is connected, at its end distal the motor (156), to a flange assembly (including 174 and 179) sandwiching a side guard (including 142B and further including 178 on 142B) of said side guards (alternatively including 142A and 142B) within the flange assembly (see Fig. 2), and wherein a portion (including 179) of said flange assembly passes through an aperture (including or of 178A) in said side guard of greater diameter than the portion passing therethrough (see Fig. 2, and as shown in Figs. 3, 11A, and 11B), such that the flange assembly is allowed limited planar movement within a plane of the aperture in said side guard (as allowed by the shape of 178A shown).
Regarding claim 5, Gerber discloses the ground working accessory of claim 1, further comprising a powered actuator (including 110) effecting raising and lowering of said forward blade assembly portion (including 186).
Regarding claim 6, Gerber discloses the ground working accessory of claim 1, further comprising stops (including 184B and 184A) for limiting a lowermost position of the forward blade assembly portion (including 186).
Regarding claim 8, Gerber discloses the ground working accessory of claim 1, wherein the bottom edge of the forward blade assembly portion (including 186) comprises a pivoting blade edge capable of pivoting about a substantially lateral axis (see Figs. 6A and 6B).
Regarding claim 9, Gerber discloses the ground working accessory of claim 8, wherein said blade edge (of 186) is capable of any one or more of:
pivoting in a rearward direction (from Fig. 6A to Fig. 6B);
pivoting in a forward direction (from Fig. 6B to Fig. 6A);
being fixed against pivoting (via 184B; see paras. 0084 and 0085).
Regarding claim 10, Gerber discloses the ground working accessory of claim 1, wherein the forward blade assembly portion (including 186) is contoured concavely and rearwardly (see Figs. 5, 6A, and 6B, wherein 186 is contoured "concavely" with a bend as shown by Applicant) to facilitate driving material in a forward direction before it (facilitating at least some driving as such in operation as shown).
Regarding claim 11, Gerber discloses the ground working accessory of claim 1, wherein the linkages of the portion connecting linkage set comprise four linkages in which the four linkages (including 30C, 30D, 66A, and 66B) are arranged, when the accessory body portion is not raised nor lowered relative to the body attachment portion (as defined by use), such that the four linkages include:
a first set of two linkages (30C and 30D) which are substantially at the same elevation when viewed from the side (apparent from Figs. 1-3) and are substantially parallel to each other when viewed from above (see Fig. 4), and
a second set of two linkages (66A and 66B) which are substantially at the same elevation when viewed from the side (as shown in Figs. 5, 12A, 13A, 14B, and 15B) and converge towards a longitudinal centre axis of the ground working accessory when viewed in plan (see Figs. 4, 8A, and 8B).
Regarding claim 12, Gerber discloses the ground working accessory of claim 1, wherein the linkages of the portion connecting linkage set comprise three linkages in which the three linkages (including 30C and 30D, and including 134, 136A, and/or 138A) are arranged, when the accessory body portion is not raised nor lowered relative to the body attachment portion (as defined by use), such that the three linkages include:
a first set of two linkages (30C and 30D) are substantially at the same elevation when viewed from the side (apparent from Figs. 1-3) and which are substantially parallel to each other when viewed from above (see Fig. 4), and
a single additional linkage (including 134, 136A, and/or 138A) at a different elevation, when viewed from the side, than the first set of two linkages (see Figs. 5, 10A, 12A, and 13A), and wherein the single additional linkage lies near and substantially parallel to a longitudinal centre axis of the ground working accessory (see Figs. 2-4, 14B, and 15B).
Regarding claim 13, Gerber discloses the ground working accessory of claim 1, wherein the linkages (including 30C, 30D, 66A, and 66B, and including 134, 136A, and/or 138A) of the portion connecting linkage set include pivotable connections (including 64, and including 80 and/or 100) at their ends which permit movement of the accessory body portion comprising one or more of:
up and down movement of the accessory body portion relative to the body attachment portion (see Figs. 12A and 13A), and
rotational movement of the accessory body portion about a rotation axis parallel to a longitudinal centre axis of the ground working accessory (see Fig. 15B; and see para. 0059).
Regarding claim 14, Gerber discloses the ground working accessory of claim 13, further comprising an actuator (including 110) effecting permitted up and down movements as defined in claim 13.
Regarding claim 15, Gerber discloses the ground working accessory of claim 1, further comprising a forward wheel assembly comprising either a wheel or wheels (including 193).
Regarding claim 16, Gerber discloses the ground working accessory of claim 1, in which there is provision for mounting booms for affixing accessories, including guidance sensors, as Gerber shows adequate space for such mounting (e.g., on 30) in the figures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Meyer et al. (US 6,168,348) teaches structure for mounting booms (including 66) for affixing accessories, including guidance sensors (see Figs. 1, 4, and 5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
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, Christopher Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JFM/1/7/26
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675