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 (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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Election/Restrictions
Claims 11-15 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/03/2026.
Applicant's election with traverse of claims 1-10, 16 in the reply filed on 6/03/2026 is acknowledged. The traversal is on the ground(s) that claims 6 and 7 should be grouped with claims 1-5, 8-10, 16. This is found persuasive because the prior art, Miles 2021/0140128 teaches electrically driven drive chains, (142a,b) drive shafts, drive belts, direct gear drives and/or other drive mechanism are art recognized equivalents for causing propulsion of drive wheels (150a-d). [0045].
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) 1-7, 10, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miles US 2021/0140128. Miles discloses a ground compactor comprising:
A compaction roller (110) rotatable around an axis (155).
At least one electric motor (140a-d) radially offset from said rotation axis (155) and positioned inside the compaction roller shells (110a,b).
A gear arrangement (142a,b), such as drive chains, shafts, belts, direct gear drives and/or other drive mechanism powered by the at least one electric motor (140a-d).
Wherein the driven gear arrangement (142a,b) propels the compaction roller about its axis (155). See abstract; Figs. 1-2; [0018-21, 0026-27, 0042-50].
With respect to claims 5-7, 10 Miles discloses A gear arrangement (142a,b), such as drive chains, shafts, belts, direct gear drives and/or other drive mechanism powered by the at least one electric motor (140a-d). Wherein the driven gear arrangement (142a,b) propels the compaction roller about its axis (155) via a gear output element (150a,b) such as a pulley driven drive wheels. [0045-56].
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(s) 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miles US 2021/0140128 in view of Ackermann et al. US 9,039,324.
Miles discloses a ground compactor comprising:
A compaction roller (110) rotatable around an axis (155).
At least one electric motor (140a-d) radially offset from said rotation axis (155) and
positioned inside the compaction roller shells (110a,b).
A gear arrangement (142a,b), such as drive chains, shafts, belts, direct gear drives
and/or other drive mechanism powered by the at least one electric motor (140a-d).
What Miles does recite other drive mechanisms for propelling the compaction roller, Miles does not explicitly recite is a planetary gear arrangement. However, Ackermann et al. teach a compaction machine Fig. 1, comprising:
At least one compaction drum (2) mounted for rotation about an axis (1).
The at least one compaction drum being segmented (2a,b) along said axis.
A pair of propulsion drives (7a,b) configured to drive said drum segments (2a,b).
Wherein a planetary gear set (6a,b) compensate for phase changes between the drum segments when making turns. See Figs. 6-9; Col. 5, ln10-Col. 6, ln. 61. 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 the compaction roller of Miles with a planetary gear system as reasonably suggested by Miles and taught by Ackermann et al. since planetary gear systems are art recognized equivalents to belt and chain drives.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 9/10/2026
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