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 .
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 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.
DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
Claim 1, (line 2), “an antenna”, Claim 10 (line 4), “at least two antennas” and Claim 19 (line 4), “a first antenna” and Claim 19 (line 5), “a second antenna”;
Claim(s) 1, 10 & 21 (line 4, line 7, line 3, respectively), “a processor”;
Claim(s) 3 & 12 (line 2, line 6, respectively), “a motor”;
Claim 5, in line 3, “a pinion”.
No new matter should be entered.
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.
Specification
The use of the term "Bluetooth" (¶ [0019] & [0020]), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claim(s) 12 and 14-21 is/are objected to because of the following informalities:
Regarding Claim 12 (line 9), Claim 14 (line 1), Claim 15 (line 7), Claim 16 (lines 1-2), Claim 17 (line 2), Claim 18 (line 3): each claim should read “the above-ground path line ” to correlate with line 7 of Claim 10, which states “an above-ground path line”.
Regarding Claim 15 (line 5): it should read “[an] the above-ground path line ” to correlate with line 7 of Claim 10, which states “an above-ground path line”.
Regarding Claim 19 (line 9): it should read “ the marking [system] device ” to correlate with line 6 of Claim 19, which states “a marking device”.
Regarding Claim 20 (lines 1-2): it should read “ the frame line” to correlate with line 6 of Claim 19, which states “a frame line”.
Regarding Claim 21 (line 7): it should read “ a [first] second signal” to correlate with line 10 of Claim 21, which states “the second signal.”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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(s) 6 is/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.
Regarding Claim(s) 6: The following “the mobile frame is self-propelled” (line 1) renders the claim indefinite because it is unclear as to what is being claimed. It is unclear how the mobile frame is to be “self-propelled” since it would appear to require a motor in order to do so, of which is not found in the claim nor the independent Claim 1. The claim language is therefore indefinite.
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, 8, 10-11, 13-17, 19, 21-22 and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey et al. (US 12259094 B2, see reference in its entirety).
With respect to independent Claim 1, Bailey disclose(s): A system (Fig. 10) comprising:
at least one locator (140A-C) , the locator comprising an antenna configured to detect a signal from a below-ground line (col. 9, line 66 through col. 10, line 6);
a processor (100) configured to calculate a position of the below-ground line based upon the signal received by the at least one locator (col. 9, line 66 through col. 10, line 6);
a mobile frame (103); and
a marking device disposed on the mobile frame (col. 6, lines 3-9), wherein the marking device is in communication with the processor and configured to record a path line on a surface of the ground overlying the below-ground line (col. 6, lines 3-9).
Regarding Claim 6, Bailey disclose(s) the system of Claim 1.
Bailey further disclose(s): in which the mobile frame is self-propelled (col. 6, lines 55-63).
Regarding Claim 8, Bailey disclose(s) the system of Claim 1.
Bailey further disclose(s): in which the marking device comprises a paint dispenser (col. 6, lines 3-9).
With respect to independent Claim 10, Bailey disclose(s): An apparatus (Fig. 10:101) comprising:
a mobile frame (103) having at least one ground engaging member (104);
a marking device disposed on the frame (col. 6, lines 3-9);
at least two antennas (140A-C) configured to detect a signal emanating from an underground line (col. 9, line 66 through col. 10, line 6), wherein two of the at least two antennas are separated by a width (140A & 140C);
a processor (100) configured to determine an above-ground path line overlying the underground line using the signal and provide a path signal to the marking device (col. 9, line 66 through col. 10, line 6).
Regarding Claim 11, Bailey disclose(s) the apparatus of Claim 10.
Bailey further disclose(s): the marking device is configured to maintain a position on the mobile frame overlying the above-ground path line in response to the path signal (col. 9, line 66 through col. 10, line 6).
Regarding Claim 13, Bailey disclose(s) the apparatus of Claim 11.
Bailey further disclose(s): the marking device comprises a paint dispenser (col. 6, lines 3-9).
Regarding Claim 14, Bailey disclose(s) the apparatus of Claim 13.
Bailey further disclose(s): the above-ground path is stored in a memory (col. 6, lines 39-47).
Regarding Claim 15, Bailey disclose(s) the apparatus of Claim 11.
Bailey further disclose(s): a method comprising placing the mobile frame in an area overlying the underground line (col. 6, lines 39-47) ; detecting, with the at least two antennas, a signal emanating from the underground line; in response to the signal, determining an above-ground path overlying the underground line; and recording a position of the above-ground path (col. 6, lines 39-47).
Regarding Claim 16, Bailey disclose(s) the method of Claim 15.
Bailey further disclose(s): wherein the step of recording a position of the above-ground path comprises marking the above-ground path with paint (col. 6, lines 3-9).
Regarding Claim 17, Bailey disclose(s) the method of Claim 15.
Bailey further disclose(s): further comprising the step of recording a position of the above-ground path comprises virtually marking the above-ground path in a data storage (col. 6, lines 3-5);
With respect to independent Claim 19, Bailey disclose(s): An apparatus (Fig. 10:101) comprising:
a mobile frame (103), the mobile frame defined by a first side and an opposed second side, the mobile frame configured to be moved along a direction of travel (see annotated Fig. 10 below);
a first antenna (140A) disposed on the mobile frame proximate the first side (see annotated Fig. 10 below) ;
a second antenna (140C) disposed on the mobile frame proximate the second side (see annotated Fig. 10 below); and
a marking device (col. 6, lines 3-9) disposed on the mobile frame on a frame line between the first antenna and the second antenna (see annotated Fig. 10 below), wherein the frame line is orthogonal to the direction of travel (see annotated Fig. 10 below); and
wherein the marking system is configured to selectively mark a location along the frame line (col. 6, lines 3-9).
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Regarding Claim 21, Bailey disclose(s) the apparatus of Claim 19.
Bailey further disclose(s): a system comprising a processor (103); wherein: the first antenna sends a first signal to the processor indicative of a position of a below-ground line (col. 9, line 66 through col. 10, line 6); the second antenna sends a first signal to the processor indicative of a position of the below-ground line (col. 9, line 66 through col. 10, line 6); the processor determines an estimated above-ground path overlying the below-ground line using the first signal and the second signal (col. 9, line 66 through col. 10, line 6).
Regarding Claim 22, Bailey disclose(s) the system of Claim 21.
Bailey further disclose(s): the processor generates a marking device signal, whereby the apparatus is configured to place the marking device at a position on the frame line directly above the above-ground path in response to the marking device signal (col. 6, lines 3-9).
Regarding Claim 24, Bailey disclose(s) the system of Claim 22.
Bailey further disclose(s): the mobile frame comprises at least one ground-engaging motive member (103), and wherein: the rotation of the at least one ground-engaging motive member is directed by the marking device signal (col. 6, lines 14-25).
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) 2-5, 7, 9, 12, 20 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bailey in view of Ferguson et al. (US 12128432 B2, see reference in its entirety).
Regarding Claim(s) 2, Bailey disclose(s) the system of Claim 1.
Bailey further disclose(s): wherein the at least one locator comprises a first locator (140A) and a second locator (140C), wherein the first locator and second locator are disposed on the mobile frame (Fig. 10) and further comprising: a rail (see annotated Fig. 10 below) disposed between the first locator and the second locator (see annotated Fig. 10 below).
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Bailey does not specifically disclose: wherein the marking device is disposed on the rail.
However, Ferguson teach(es) a system (Fig. 21) including wherein the marking device is disposed on the rail (Fig. 21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Bailey, with the teachings of Ferguson , for the purpose of increasing adjustability of the marking device (col. 7, lines 33-36).
Regarding Claim 3, Bailey disclose(s) the system of Claim 2.
Bailey does not specifically disclose: a motor, in which the marking device is moved along the rail by the motor.
However, Ferguson discloses: a motor (Fig. 23: 702), in which the marking device is moved along the rail by the motor (col. 7, lines 33-56).
Motivation to combine is the same as Claim 2.
Regarding Claim 4, Bailey disclose(s) the system of Claim 3.
Bailey does not specifically disclose: the motor is configured to move the marking device in response to a signal from the processor.
However, Ferguson discloses: the motor is configured to move the marking device in response to a signal from the processor (col. 7, lines 33-56).
Motivation to combine is the same as Claim 2.
Regarding Claim 5, Bailey disclose(s) the system of Claim 3.
Bailey does not specifically disclose: wherein the frame further comprises a rack disposed on the rail and further comprising: a pinion coupled to the motor such that operation of the motor rotates the
pinion, and wherein the pinion is engaged with the rack.
However, Ferguson discloses: wherein the frame further comprises a rack (Fig. 21: 502) disposed on the rail and further comprising: a pinion (Fig. 21: 504) coupled to the motor such that operation of the motor rotates the pinion (Fig. 21), and wherein the pinion is engaged with the rack (Fig. 21).
Motivation to combine is the same as Claim 2.
Regarding Claim 7, Bailey disclose(s) the system of Claim 1.
Bailey does not specifically disclose: the mobile frame comprises a handle.
However, Ferguson discloses: the mobile frame comprises a handle (Fig. 2: 209).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Bailey, with the teachings of Ferguson , for the purpose of increasing guidance capability (col. 1, lines 21-25).
Regarding Claim 9, Bailey disclose(s) the system of Claim 8.
Bailey does not specifically disclose: the paint dispenser is configured to dispense paint at intervals along the path line.
However, Ferguson discloses: the paint dispenser is configured to dispense paint at intervals along the path line (col. 5, lines 51-67).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Bailey, with the teachings of Ferguson , for the purpose of providing desired adjustability (col. 5. Lines 54-56).
Regarding Claim(s) 12, Bailey disclose(s) the apparatus of Claim 11.
Bailey further disclose(s): the at least two antennas are disposed on the mobile frame and separated by the width (Fig. 10: 140A & C); the mobile frame comprises a rail (see annotated Fig. 10 below).
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Bailey does not specifically disclose: the marking device is disposed on the rail and the marking device comprises a motor; and wherein the motor receives the path signal and, in response to the path signal, rotates in a first direction or a second direction to maintain the marking device at a position overlying the above-ground path.
However, Ferguson teach(es) a system (Fig. 21) including wherein the marking device is disposed on the rail (Fig. 21) and the marking device comprises a motor (Fig. 23: 702); and wherein the motor receives the path signal and, in response to the path signal, rotates in a first direction or a second direction to maintain the marking device at a position overlying the above-ground path (col. 7, lines 33-56).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Bailey, with the teachings of Ferguson , for the purpose of increasing adjustability of the marking device (col. 7, lines 33-36).
Regarding Claim 20, Bailey disclose(s) the apparatus of Claim 19.
Bailey does not specifically disclose: the marking device is movable along the line.
However, Ferguson discloses: the marking device is movable along the line (col. 7, lines 33-56).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Bailey, with the teachings of Ferguson , for the purpose of increasing adjustability of the marking device (col. 7, lines 33-36).
Regarding Claim 23, Bailey disclose(s) the system of Claim 22.
Bailey does not specifically disclose: the marking device is configured to move along the frame line in response to the marking device signal.
However, Ferguson discloses: the marking device is configured to move along the frame line in response to the marking device signal (col. 7, lines 33-56).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Bailey, with the teachings of Ferguson , for the purpose of increasing adjustability of the marking device (col. 7, lines 33-36).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bailey in view of Causey (US 8192108 B1, see reference in its entirety).
Regarding Claim(s) 18, Bailey disclose(s) the method of Claim 15.
Bailey further disclose(s): in response to the signal, causing the marking device to maintain a position overlying the above-ground path (col. 6, lines 14-19).
Bailey does not specifically disclose: the marking device to move along the width of the mobile frame.
However, Causey teach(es) a method (Fig. 1) including: the marking device to move along the width of the mobile frame (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Bailey, with the teachings of Causey , for the purpose of enhancing adjustability of the marking device (col. 5, lines 28-29).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
The following reference(s) relate to a marker: Kieffer et al. (US 4624602); Macrae et al. (US 3050260).
The following reference(s) relate to a locator: Galloway (US 5699048).
The following reference(s) relate to locators with a marker: Hutter et al. (US 11732427 B2); Nielsen et al. (US 8473209 B2); Olsson et al. (US 10059504 B2); Zeck et al. (US 6723375 B2).
The following reference(s) relate to locators by same assignee (The Charles Machine Works, Inc.): Cole (US 8482286 B2); Rider et al. (US 5231355).
The following reference(s) relate to locators by same assignee (The Charles Machine Works, Inc.), listed in the applicant’s specification (¶ [0008] & [0011]), but not in the IDS: Rider et al. (US 5361029).
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/TC/
20 March 2026