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 .
Response to Arguments
Applicant’s arguments, filed 05/04/2026, with respect to objection of the drawings have been fully considered and are persuasive. The objection of the drawings has been withdrawn.
Applicant's arguments filed 05/04/2026 have been fully considered but they are not persuasive.
Regarding Claim 1, the Applicant’s position is that the rotary feeders (74) of Nuhn (US 20090293911) function by “simply mixing thinner material with thicker material. If the device in Nuhn were parked and the feeders rotating, no manure would be conveyed towards the collection port” (Page 9 of the Applicant’s Remarks filed on 05/04/2026). The Examiner has fully considered the Applicant’s position; however, respectfully disagrees. While the rotary feeders (74) of Nuhn does mix the thinner material with the thicker material “in order to make it more amendable to scraping” [0054], Nuhn also discloses that the rotary feeders (74) “dislodge the material in order to transfer it towards the apex 72” [0054]. Therefore, by transferring the manure material towards the apex, the rotary feeders does function as a conveyer as claimed. In addition, the current presentation of the claim discloses that the manure is passed to the manure collection port as the vehicle is moving (“the collected manure passing through the manure collection port into the manure holding tank as the vehicle drives through the manure to be collected;” as claimed in Claim 1). The current presentation of the Applicant’s claim does not disclose conveying the manure when the vehicle is in parked mode.
Claim Objections
Claim 1 is objected to because of the following informalities:
In Claim 1, the claim verbiage “apex,.” Should be changed to –apex.— to remove the comma.
Appropriate correction is required.
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 19 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 19 is currently dependent on the cancelled claim 18. it is unclear which pending claim the Claim 19 is dependent on.
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, 4, 6-8, 11, 13-16 and 21-23 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 two powered rotational manure conveyer (two of 74) configured to convey manure horizontally toward the manure collection port as the vehicle drives through the manure to be collected (“the feeders 74 dislodge the material in order to transfer it towards the apex 72” [0054]); 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,
wherein the manure collector is mounted on the vehicle chassis proximate a front of the vehicle with respect to direction of motion of the vehicle during a manure collection operation, 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 situated proximate the apex. [0035-0040]).[0017-0019].
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 6
Nuhn discloses:
The vehicle of claim 1, wherein each of the at least two powered rotational manure conveyers 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 each respective conveyer at different speeds.(Fig. 8).(“Use of an independent hydraulic motor 77 for each rotary feeder 74 allows the rotational speed of each feeder to be adjustable, if so desired,” [0053]).
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 11
Nuhn discloses:
The vehicle of claim 1, wherein the manure collector comprises: 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.
In reference to Claim 21
Nuhn discloses:
The vehicle of claim 11, wherein the manure collector comprises 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 22
Nuhn discloses:
The vehicle of claim 21, 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 23
Nuhn discloses:
The vehicle of claim 21, 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.
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.
Claims 9-10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nuhn (US 20090293911) in view of Mensch (US 20070245512).
In reference to Claim 9
Nuhn discloses:
The vehicle of claim 1. Nuhn teaches the manure collector comprises a suction inlet (20) and a suction conduit (37). [0036-0045] (Fig. 3).
Nuhn is silent on a gate operable to change the size of the manure collection port, thereby regulating a pressure difference across the manure collection port.
Mensh teaches a vacuum truck (20) comprising a manure material opening (48). Mensh teaches a gate (48’) positioned in the opening of the opening (48). Mensh also teaches the gate (48’) is operable to change the size of the manure collection port, thereby regulating a pressure difference across the manure collection port (pressure at sealed position and pressure at opening position). [0025-0027] (Fig. 1-6).
[0025, Mensh] The auger 47 extends through a bottom of the tank 22 and extends out to a front outlet/discharge opening 48 under and in front of the cabin 23. The auger 47 is adapted to agitate the slurry of manure to prevent settling when collecting the stall and manure material, and also is adapted to facilitate dumping. A guillotine-style gate 48' is positioned in the opening 48 and is movable from a lowered sealing position to a raised open position. In the lower position, side supports 48' are angled to wedgingly hold the gate 48' tight against the opening 48 for good sealing…
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 a gate as taught by Mensch for the purpose of providing a gate to seal and open the suction port.
In reference to Claim 10
Nuhn as modified by Mensh discloses:
The vehicle of claim 9. Mensh teaches one or more gate actuators (gate valve) connected to the gate, the one or more gate actuators configured to move the gate to change the size of the manure collection port ([0018], Claim 31).
In reference to Claim 17
Nuhn discloses:
The vehicle of claims 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 19 and 24 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 19 and 24
Examiner’s Note: Claim 19 is rejected under 112b for being indefinite. Claim 19 is being examined as best understood.
Nuhn discloses:
The vehicle of claims 1 and 24, 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.
Allowable Subject Matter
Claims 5 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding 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).
Nuhn is silent on at least one auger defining a rotational axis parallel to each respective extending arm section.
Regarding Claim 20, Nuhn discloses the rotary feeders (73) are rotatable at various speeds. Mensh teaches a gate that is operable to open and close. However, Nuhn and Mensh are silent on the gate being configured to adjust the size of the manure collection port to a first size during the first operating condition and a second size during the second operating condition, wherein the first speed is slower than the second speed and the first size is larger than the second size.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/AYE S HTAY/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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