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 .
Election/Restrictions
Claims 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/9/26.
Applicant's election with traverse of Invention I in the reply filed on 4/9/26 is acknowledged. The traversal is on the ground(s) that “examination without election would not present an undue search burden as all the claims are sufficiently related”. This is not found persuasive because “a serious burden on the examiner may be prima facie shown by appropriate explanation of separate classification, or separate status in the art, or a different field of search as defined in MPEP § 808.02” See MPEP 803.II. In this case, there is at least a separate classification. Applicant has not argued that the separate classification identified and articulated by the examiner. The examiner additionally notes that there is non-overlapping subject matter found in the independent claims and the independent/distinctness of the independent claims. The examiner additionally notes the divergence of the dependent claims, which additionally evidence the need for divergent search appropriated e.g. unique text searching queries.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-6 and 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luby (US 20220379756 A1).
Regarding claim 1, Luby teaches a road construction machine formed as a road finisher or a feeder vehicle for conveying paving material to a road finisher, wherein the road construction machine is self-propelled (Fig 2, machine 200/finisher) and comprises a primary drive (Fig 2, Para 0035, “propulsion to the paver via the tracks 240”), a material hopper (Fig 2, hopper 220), at least one electrical load (Fig 2, Para 0035, electric drive system 210), at least one energy storage (Fig 2, Para 0038, “on-board battery systems of the paver 200”), and at least one interface which is connectable to a mobile supply machine for energy transmission or energy resources transmission (Fig 4, Para 0043, cable 310 interface on 200 able to connect to supply machine 100, as seen).
Regarding claim 2, Luby teaches wherein the road construction machine is loadable with paving material by the mobile supply machine (Fig 4, machine 200 is loadable by supply machine 100).
Regarding claim 3, Luby teaches wherein the road construction machine is connectable to the mobile supply machine via a first interface for the transmission of electrical power (Fig 4, Para 0043, cable 310 able to connect to supply machine 100, as seen, electric supply).
Regarding claim 4, Luby teaches wherein the road construction machine is connectable to the mobile supply machine via a second interface for the transmission of energy resources comprising fuel, diesel, natural gas, hydrogen or liquids required to operate the galvanic cells (Fig 4, Para 0043, cable 310 able to connect to supply machine 100, as seen, electric supply, which is considered a “fuel”. Please note the claim dependents from claim 1).
Regarding claim 5, Luby teaches wherein the first interface and/or the second interface are arrangeable at a docking end of the road construction machine (Fig 3-4, docking end/rear end with 202), the docking end comprising a pushing device of the road construction machine (Fig 7, pushing device 710).
Regarding claim 6, Luby teaches wherein the road construction machine is mechanically connectable to the mobile supply machine via the first interface and/or via the second interface (Fig 4, 310 is mechanical/physical connection), such that the road construction machine can transmit force to the mobile supply machine (Fig 4, 310 can have a force applied to it e.g. by being sandwiched between vehicles and them subsequently applied to the road machine).
Regarding claim 8, Luby teaches a paving train comprising at least one road construction machine formed as a road finisher or a feeder vehicle for conveying paving material to a road finisher, wherein the road construction machine is self-propelled (Fig 2, machine 200/finisher) and comprises a primary drive (Fig 2, Para 0035, “propulsion to the paver via the tracks 240”), a material hopper (Fig 2, hopper 220), at least one electrical load (Fig 2, Para 0035, electric drive system 210), at least one energy storage (Fig 2, Para 0038, “on-board battery systems of the paver 200”), and at least one interface (Fig 4, Para 0043, cable 310 interface on 200 able to connect to supply machine 100, as seen), wherein the paving train further comprises a mobile supply machine with at least one connecting unit (Fig 4, Para 0043, cable 310/connecting unit able to connect to supply machine 100, as seen), and
wherein each of the at least one interface of the road construction machine is connectable to one of the at least one connecting unit of the mobile supply machine for energy transmission or energy resources transmission (Fig 4, Para 0043, cable 310 permits energy/energy resource transfer between 100/200).
Regarding claim 9, Luby teaches wherein the mobile supply machine is a material supply vehicle for supplying paving material (Fig 4, machine 200 is loadable by supply machine 100).
Regarding claim 10, Luby teaches wherein the interface and the connection unit are electromechanical units that mate together (Fig 4, Para 0043 interface and 310 are mechanical and convey electricity and mate, as seen).
Regarding claim 11, Luby teaches wherein a first interface and a first connecting unit are connectable to each other for transmitting electrical power (Fig 4, Para 0043, interface and 310 are mechanical and convey electricity and mate, as seen). .
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) 7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luby (US 20220379756 A1), in view of Official Notice.
Regarding claim 7, Luby is silent on wherein the first interface and/or the second interface each has an opening for receiving a connecting unit of the mobile supply machine.
The examiner takes Official Notice that it would be known for one of the interfaces to have an opening/female end for receiving a connecting unit.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Luby by having one of the interfaces to have an opening/female end for receiving a connecting unit as is known in the art because it would allow for the structural details required for the connection of a connecting unit to supply fuel to the paver.
Regarding claim 12, while Luby teaches that the paver 200 may be hybrid (Para 0031, 0035), Luby is not explicit on wherein a second interface and a second connecting unit are connectable to each other for the transmission of energy resources comprising fuel, diesel, natural gas, hydrogen, or liquids required to operate the galvanic cells.
The examiner takes Official Notice that it would be known for a paver to have a second interface, connectable to a second connecting unit, for the transmission of energy resources comprising fuel, diesel, natural gas, hydrogen, or liquids required to operate the galvanic cells.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Luby by having a second interface, connectable to a second connecting unit as is known in the art because it would allow for a means for supplying fuel to the non-electric portions of the hybrid paver.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hall (US 20170362076 A1) teaches a mobile fuel station may refuel vehicles is disclosed. Fuel reservoirs are provided in a mobile fuel station that may store fuel and dispense fuel through a hybrid fuel line. Fuel nozzles are provided which can be detachably connected to the hybrid fuel line and can measure and display fuel dispensed from the mobile fuel station.
Miller (US 20190135133 A1) teaches a first charge interface is configured to be engaged with a second charge interface on an articulating arm of a mobile charge vehicle to transfer energy from an energy source of the mobile charge vehicle.
Braunstein (US 12124266 B2) a service vehicle can have a service vehicle battery that can provide energy to, and/or receive energy from, a separate machine that is normally configured to operate based on energy provided by a battery of the machine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
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, TARA SCHIMPF can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE N YAO/Primary Examiner, Art Unit 3676
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