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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show reference number 38 (guide wheel) and reference number 16 (scraper) as disclosed in [0060] as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-11, and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nuhn (US 20090293911).
In reference to Claim 1
Nuhn discloses:
A manure collecting vehicle comprising: a manure collector (4 collection means) having a manure collection port (20 suction inlet, 37 suction conduit, 71 interior) and at least one powered rotational manure conveyer (74) configured to convey manure to be collected to the manure collection port as the vehicle drives through the manure to be collected; a manure holding tank (1 vacuum tank) mounted on a vehicle chassis (2 frame), the manure holding tank in manure communication with the manure collection port, the collected manure passing through the manure collection port into the manure holding tank as the vehicle drives through the manure to be collected; and, an air system (7 blower vac) configured to create an air pressure differential between inside the manure holding tank and outside the manure holding tank when the vehicle is driving through the manure to be collected so that the collected manure passes from the manure collection port into the manure holding tank under influence of the air pressure differential (“The blower vac 7 is a positive displacement rotary vane pump (in a preferred embodiment, a Wallenstein type pump) that can operate as either a blower or vacuum pump. The blower vac 7 is a single integrated unit capable of selectively drawing air from the vacuum tank or blowing air into the vacuum tank. An integral valve (not shown) is provided as part of the blower vac 7 to switch between drawing air from and blowing air into the vacuum tank 1,” [0035]; [0035-0040]).[0017-0019].
In reference to Claim 2
Nuhn discloses:
The vehicle of claim 1, wherein the air system is configured to lower the air pressure inside the manure holding tank compared to outside the manure holding tank so that the collected manure passes from the manure collection port into the manure holding tank (Fig. 1a) [0034-0038].
[0036, Nuhn]…Material is admitted into a suction inlet (not shown in FIGS. 1a and 1b) of the collection means 4 and drawn through suction conduit 37 into vacuum inlet 16 of vacuum tank 1. The vacuum inlet 16 is located on the front of the vacuum tank 1 in the lower half thereof below the horizontal midline of the tank. This causes the collected material to fill the tank from front to rear, improving weight distribution and facilitating substantially complete discharge. The air is then drawn out of the vacuum tank 1 through vacuum outlet 17, which comprises front vacuum outlet 17a and rear vacuum outlet 17b. The use of two vacuum outlets 17a and 17b reduces the exit air velocity by half as compared with a single outlet, significantly reducing the likelihood of debris becoming entrained and exiting through the vacuum outlet 17…
In reference to Claim 3
Nuhn discloses:
The vehicle of claim 1, wherein the manure holding tank comprises a tank outlet and the air system is configured to raise the air pressure inside the manure holding tank compared to outside the manure holding tank so that the collected manure inside the manure holding tank is ejected through the tank outlet.
[0039, Nuhn] In FIG. 1b, the apparatus is illustrated in a tank discharge condition. The blower vac 7 creates a negative pressure or vacuum in the valve chamber 50. This causes the first closure means 54 to open, admitting air into the valve chamber 50 through blower vac intake 51. The air then flows through the second blower vac conduit 26 into the blower vac 7, which acts to blow the air out through first blower vac conduit 25. The air flows downwardly through the secondary trap 21, back flushing any accumulated debris out through the drain (not shown) and into tank 1. The air then passes out of the bottom of the secondary trap 21 and into the vacuum outlet 17 at the top of the vacuum tank 1. The primary trap 23 is back flushed to dislodge any debris accumulated against the mesh cage 19. A positive pressure is created in the vacuum tank 1, which forces the collected material outwardly through rear discharge outlet 5. A remotely operable discharge valve (not shown) is opened during discharge to allow material to exit through the spreader means 6 and is closed during collection of material. Conversely, a remotely operable suction valve (not shown) is closed during tank discharge to prevent material from exiting through the collection means 4 and is opened during collection of material.
In reference to Claim 4
Nuhn discloses:
The vehicle of claim 1, wherein the manure holding tank comprises a mechanical manure (10, 29, 30) transporting apparatus to transport the collected manure out of the manure holding tank.[0041-44] (Fig. 3).
In reference to Claim 5
Nuhn discloses:
The vehicle of claim 1, wherein the at least one powered rotational manure conveyer comprises at least one auger (74, 75, 76). [0052-0054] (Fig. 6-8).
In reference to Claim 6
Nuhn discloses:
The vehicle of claim 1, wherein the at least one powered rotational manure conveyer comprises a variable speed motor (77, “The rotational speed may be adjusted by an operator of the tractor used to pull the apparatus; for example, one, two or more sets of hydraulic remotes may be employed and the speed of the connected motors may be adjusted using a control lever located in the tractor,” [0053]) that drives the conveyer at different speeds.(Fig. 8).
In reference to Claim 7
Nuhn discloses:
The vehicle of claim 1, wherein the manure collector is vertically adjustable relative to the vehicle chassis. (“The collection means may be height adjustable and may be either self-leveling or manually level adjusted with respect to the material collection surface,” [0016]). [0016-0017,0045, 0053-0054].
In reference to Claim 8
Nuhn discloses:
The vehicle of claim 7, wherein the manure collector comprises one or more collector actuators (38, 41; or hydraulics) connecting the manure collector to the vehicle whereby actuation of the one or more collector actuators vertically adjusts the manure collector relative to the vehicle chassis.[0045].(Fig. 3-4).
[0045, Nuhn] By loosening the set screw 41, the upright post 38 is permitted to slide through the bore of the collar 40, allowing the height of the suction inlet 20 to be raised or lowered relative to ground level. Tightening the set screw 41 allows the desired height of the suction inlet 20 to be fixed. During forward travel of the apparatus in the direction indicated by arrow C, the liquid or semi-liquid material being collected accumulates within the inverted L-shaped cross section of the central portion 29 and is constrained from overflowing by the top portion 39 thereof. The height of the suction inlet 20 is typically adjusted higher for thick semi-liquid materials and lower for liquid materials. In an alternative embodiment, the height of the suction nozzle may be adjusted by an operator within a tractor or towing vehicle using hydraulic controls.
In reference to Claim 9
Nuhn discloses:
The vehicle of claim 1, wherein manure collection comprises a gate (29, 72, 73, 30) operable to change the size of the manure collection port [0051] (Fig. 6).
In reference to Claim 10
Nuhn discloses:
The vehicle of claim 9, wherein the manure collector comprises one or more gate actuators (31, 32) connected to the gate, the one or more gate actuators configured to move the gate to change the size of the manure collection port.[0051] (Fig. 6).
[0051, Nuhn] …The wing cylinders 32 are pivotally mounted to the top flange 73 in order to permit the wings 30 to pivot about the piano hinge 31 as previously described. Each wing is equipped with a scraper element 14 at a bottom thereof and a skid protector 33, as previously described, to permit the wings to open in order to vary the width of the collection means 4 to match the width of the alley or gutter being scraped.
In reference to Claim 11
Nuhn discloses:
The vehicle of claim 1, wherein the manure collector (4) is mounted on the vehicle chassis at a front of the vehicle with respect to direction of motion of the vehicle during a manure collection operation (Fig. 1-3), and the manure collector comprises: a center arm (73) mounted on the vehicle, the center arm having a pair of frontwardly and laterally extending arm sections (each side of 73; Fig. 6) joined at an apex (29, 72) proximate the vehicle chassis, the manure collection port (20, 37, 71) situated proximate the apex, the at least one powered rotational manure conveyer comprising at least two powered rotational manure conveyers (74; Fig. 6), the at least two powered rotational manure conveyers conveying manure along each of the extending arm sections from distal ends thereof to the manure collection port (Fig. 6); and, a pair of end arms (arm 30 at each side of 73; Fig. 6) pivotably mounted to the center arm, each of the end arms pivotably mounted to a respective one of the extending arm sections at the distal ends thereof, each of the end arms pivotable about a respective vertical axis so that distal ends of the end arms move horizontally and laterally with respect to the direction of motion of the vehicle.[0043-0044] (Fig. 6).
In reference to Claim 13
Nuhn discloses:
The vehicle of claim 11, wherein the manure collector is tiltable so that the distal ends of the end arms are vertically higher than the distal ends of the arm sections.
[0042, Nuhn]…By adjusting the length of the link 11, a fine tilting adjustment of the central portion 29 may be attained so as to ensure that the scraper element 14 attached to the underside of the collection means 4 remains in contact with the floor or other surface from which the materials are being collected…
In reference to Claim 14
Nuhn discloses:
The vehicle of claim 11, wherein the distal ends of the end arms comprise pivoting scrapers (14) and the manure to be collected is guided toward the manure collection port by the end arms and the extending arm sections during the manure collection operation.[0036, 0042, 0051] (Fig. 6).
In reference to Claim 15
Nuhn discloses:
The vehicle of claim 14, wherein the distal ends of the end arms further comprise guide wheels (33) connected to the pivoting scrapers, the guide wheels configured to be able to contact and roll on inward facing faces of alleyway edges as the vehicle drives down an alleyway.[0044, 0051] (Fig. 6-7).
[0051, Nuhn] …Each wing is equipped with a scraper element 14 at a bottom thereof and a skid protector 33, as previously described, to permit the wings to open in order to vary the width of the collection means 4 to match the width of the alley or gutter being scraped.
In reference to Claim 16
Nuhn discloses:
The vehicle of claim 11, wherein the vehicle further comprises a shut-off valve (remotely operable discharge valve and remotely operable suction valve) provided between the manure collection port and the manure holding tank in manure communication with the manure collection port, the shut-off valve operable so that a manure handling conduit connecting the manure collection port to the manure holding tank does not spill or drip manure after the manure collection operation.[0019, 0039].
[0019, Nuhn]…During collection, a remotely operable valve on the discharge outlet is closed to prevent inadvertent leakage from occurring. During tank discharge, a remotely operable valve on the vacuum inlet is closed to prevent material from being discharged through the collection means.
[0039, Nuhn]…A remotely operable discharge valve (not shown) is opened during discharge to allow material to exit through the spreader means 6 and is closed during collection of material. Conversely, a remotely operable suction valve (not shown) is closed during tank discharge to prevent material from exiting through the collection means 4 and is opened during collection of material.
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Nuhn (US 20090293911) in view of Schmahl et al. (US 5388950, hereinafter: “Schmahl”).
In reference to Claim 12
Nuhn discloses:
The vehicle of claim 11, further comprising two arm actuators (32) configured to pivot the end arms (30) about the respective vertical axes, each of the arm actuators comprising an arm actuator (32) mounted on two adjacent arms (29 and 30) allowing pivoting action on the arms.[0051] (Fig. 3).
Nuhn is silent on two pairs of arm actuators (32) configured to pivot the end arms (30) about the respective vertical axes, each pair of arm actuators comprising an inner arm actuator and an outer arm actuator mounted in series with the inner arm actuator through a common pivot plate, the inner arm actuator pivotally mounted to a rear face one of the arm sections, the outer arm actuator pivotally mounted to a rear face of the end arm that is connected to the arm section to which the inner arm actuator is mounted.
Schmahl teaches a load carrying vehicle (10) comprising actuated arms (30). Schmahl teaches two pairs of arm actuators (34, 38 on each side of the vehicle arms) configured to pivot the end arms (30) about the respective vertical axes, each pair of arm actuators comprising an inner arm actuator (34) and an outer arm actuator (38) mounted in series with the inner arm actuator through a common pivot plate (plate between the two arms 30 between actuator 34 and 38), the inner arm actuator (34) pivotally mounted to a rear face one of the arm sections, the outer arm actuator (38) pivotally mounted to a rear face of the end arm that is connected to the arm section to which the inner arm actuator is mounted. (Col. 3, ll. 1-27; Col. 5, ll. 25-50; Fig. 1-7).
Based on the teaching of Nuhn and Schmahl, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the arms and actuators of Nuhn by configuring the actuating system to include two pairs of arm actuators configured to pivot the end arms, each pair of arm actuators comprising an inner arm actuator and an outer arm actuator mounted in series with the inner arm actuator through a common pivot plate as taught by Schmahl for the purpose of providing a well-known actuating configuration on pivoting arms.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Nuhn (US 20090293911) in view of Mensch (US 20070245512).
In reference to Claim 17
Nuhn discloses:
The vehicle of claim 1. Nuhn discloses the vehicle is self-propelled.
[0011, Nuhn] The apparatus is mobile and may be either pulled by a towing vehicle or self-propelled…
Nuhn is silent on the engine of the vehicle.
Mensch teaches a vacuum truck (20) having a self-propelled vehicle and an engine (24) for operating driven components of the vehicle [0020-0021] (Fig. 1-11).
Based on the teaching of Nuhn and Mensch, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the self-propelled vehicle of Nuhn by including an engine as taught by Mensch for the purpose of operating the vehicle.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nuhn (US 20090293911) in view of JP 6849184 (hereinafter: “JP ‘184 “).
In reference to Claims 18-19
Nuhn discloses:
The vehicle of claim 1, wherein the air system comprises a blower assembly having a blower (7), and a four-port valve (50) co-located in a cutout (cutout created by front side of the tank and frame 2; Fig. 1a-1b) in a side of the holding tank, the four-port valve selectively creating a dual inlet (26, 52) when the blower assembly is in discharge mode [0048] (Fig. 1b-3, 5a).
Nuhn is silent on a silencer and a cooling box (as claimed in Claim 18). The cooling box is plumbed to provide both a cooling air inlet and an exhaust outlet through a same inlet/outlet conduit (as claimed in Claim 19).
JP ‘184 teaches a sludge suction vehicle comprising a blower assembly having a blower (7), a silencer (8 silencer, 130 sound absorbing material), a cooling box (90 cooling jacket), liquid tank 111, liquid pump 112, oil cooler radiator 113) and switching valve (82). (Page 1-6 of the English Translation of JP ‘184). (Fig. 1-4). (as claimed in Claim 18).
JP ‘184 teaches the cooling box (90) is plumbed to provide both a cooling air inlet (122; Fig. 8) and an exhaust outlet (115; Fig. 8) through a same inlet/outlet conduit (111; Fig. 8). (as claimed in Claim 19).
(Page 2 of the Translation of JP ‘184) The sludge recovery mechanism 2 includes a suction hose 3, a receiver tank (storage tank) 4, a secondary catcher 5, a filter tank 6, a dry vacuum pump 7, and a silencer 8.
(Page 5 of the Translation of JP ‘184) FIG. 4 is a perspective view showing the appearance of the cooling jacket (cooling apparatus) 90, FIG. 5 is a plan view showing the appearance of the cooling jacket 90, and FIG. 6 is a front view showing the appearance of the cooling jacket 90. FIG. 7 is a front view showing an input / output path of the coolant liquid to the cooling jacket 90, and FIG. 8 is a plan view showing a cooling mechanism (cooling means) 10. In FIG. 7, the solid line arrow indicates the inflow of the cooling liquid to the inflow port in front of the cooling jacket 90 and the outflow of the cooling liquid from the front outlet, and the dotted arrow indicates cooling. It shows the inflow of the coolant to the inflow port on the back surface of the jacket 90 and the outflow of the coolant from the outflow port on the back surface.
(Page 5-6 of the Translation of JP ‘184) Inside the cooling jacket 90, water pipes for flowing the cooling liquid (first water pipe 101, second water pipe 102, third water pipe 103, fourth water pipe 104, and fifth water pipe 106, which will be described later). Is formed. The water pipes are arranged along the flow path of the coolant liquid shown in FIG. The coolant may be any liquid for cooling, and is, for example, a coolant liquid (antifreeze coolant).
(Page 6 of the Translation of JP ‘184) The coolant liquid cooled by the oil cooler 113 flows into the liquid tank 111.
As a result, the coolant liquid in the liquid tank 111 circulates in the liquid pump 112, the cooling jacket 90, and the oil cooler 113, and the always cooled coolant liquid is sent into the cooling jacket 90. Therefore, the dry vacuum pump 7 is effectively cooled.
Based on the teaching of JP ‘184 and Nuhn, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the blower assembly of Nuhn by including the cooling box (i.e. cooling system) and the silencer as taught by JP ‘184 for the purpose of reducing noise and cooling the blower assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nuhn (US 20060236498), Nuhn (US 20110023259), Raiche (US 20120159735) disclose a vehicle for a collecting substance that is relevant to the Applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYE SU MON HTAY whose telephone number is (571)270-5958. The examiner can normally be reached Monday-Friday, 9:00am-3:00pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Wiehe can be reached at 571-272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AYE S HTAY/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745