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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/14/2023 has been partially considered by the examiner.
Listed document US2021/004784 is not assigned to Guinn. Examiner believes this is a typographical error and should instead read US2021/0047845.
The information disclosure statement filed 12/14/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
The NPL website for the Velox T-2240 trowel has not been considered because it has not been attached in the file wrapper.
Foreign reference G9418169 has not been considered because it has not been attached in the file wrapper.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0049] recites "hydraulic motor 189" and "hydraulic pump 189".
As best understood, "hydraulic motor 189" should read --hydraulic pump 189--.
Appropriate correction is required.
Claim Objections
Claim 6 objected to because of the following informalities:
Claim 6 recites “a pair least of rotor assemblies”. There appears to be a typographical error in this recitation. Examiner believes this should read --a pair of rotor assemblies--.
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.
Claims 1-10 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.
The term “comfortably seated” in claim 1 is a relative term which renders the claim indefinite. The term “comfortably seated” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term "comfortably" is a subjective term. It is unclear what would or would not be considered "comfortably seated".
Claim 1, line 4 recites “at least one rotor assembly”, and line 12 recites “each rotor”. It is unclear whether the rotor is referring back to the rotor assembly or are different structures. For examination purposes, the rotor will be interpreted to be a part of the rotor assembly.
Claim 8 recites “a drive ring”. It is unclear whether this is a new structure or is referring back to a previously established drive ring in a prior base claim.
The dependent claims are indefinite because they depend from an indefinite base claim.
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) 1-4, 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Del Real et al. (US 11193286), hereinafter ‘Del Real’ in view of Allen et al. (US 6089786), hereinafter ‘Allen’, Tatsumi et al. (US 4726186), hereinafter ‘Tatsumi’, and Guinn et al. (US 2021/0047845), hereinafter ‘Guinn’,
Del Real discloses:
6. A ride-on electric polisher for treating a concrete surface (Col. 1, “power trowels for finishing concrete surfaces, self-propelled ride-on trowels”, “seated operator”, “components of the drive train, which may be hydraulic or electric”):
a frame adapted to be propelled over the concrete surface to be treated (Col. 2 lines 20-34, “self propelled power trowel…includes rigid frame means adapted for operation over the concrete surface);
a seat upon which a trowel operator may be comfortably seated (Col. 1, discloses “seated operator” on the powered riding trowel, therefore renders obvious a seat on the ride-on electric polisher machine);
a pair least of rotor assemblies (12, 13, Col. 5 lines 40-52) secured to the frame and descending into contact with the concrete surface;
hydraulic tilting circuits for controlling each rotor assembly to effectuate polisher steering (Col. 6, “steering actuators 17 may be hydraulic”, actuator 17 tilts the rotor assemblies selectively and independently to steer the machine forward or backwards which implicitly discloses hydraulic tilting circuits for use with the hydraulic steering actuators);
an electric motor for revolving each rotor assembly (electric motors 14, 15 rotates each rotor assembly 12, 13, Col. 8 lines 37-54);
at least one battery (28, 10) for powering said electric motors (Col. 8 lines 37-54);
each rotor controlling a circular drive ring (rings seen in Fig. 1 for each rotor assembly 12, 13);
Del Real does not explicitly disclose:
hydraulic tilting circuits for controlling each rotor assembly to effectuate polisher steering;
a pair of joysticks for controlling the hydraulic tilting circuits;
a hydraulic pump for driving said tilting circuits;
an electric motor for powering said hydraulic pump;
a support plate coupled to each of said drive rings; and,
a plurality of radially spaced-apart abrasion rotors secured to said support plate.
However, Allen discloses a ride-on machine for treating concrete similar to Del Real and the present application and therefore constitutes analogous art.
Allen discloses:
a frame (25) adapted to be propelled over the concrete surface (23) to be treated;
a seat (106) upon which a trowel operator may be comfortably seated;
a pair least of rotor assemblies (50, 55) secured to the frame and descending into contact with the concrete surface;
hydraulic tilting circuits (Fig. 5) for controlling each rotor assembly to effectuate polisher steering (hydraulic steering cylinders 150, 150A, 150B, Col. 5 lines 42-63 discloses the cylinders tilting the rotors);
a pair of joysticks for controlling the hydraulic tilting circuits (Col. 7, joysticks 70, 75);
a hydraulic pump (223) for driving said tilting circuits.
Since Del real remains silent as to the details of how its hydraulic actuator 17 embodiment is implemented, and since Allen discloses a suitable system for actuating a similar hydraulic actuator in a similar device and manner, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Del Real to have hydraulic tilting circuits for controlling each rotor assembly to effectuate polisher steering; a pair of joysticks for controlling the hydraulic tilting circuits;
a hydraulic pump for driving said tilting circuits as taught by Allen.
The combination of Del Real and Allen does not disclose an electric motor for powering said hydraulic pump.
However, Tatsumi discloses a hydraulic system with a pump that provides pressurized fluid to hydraulic actuators and is therefore pertinent to the systems of Del Real, Allen, and the present application that each use hydraulic circuits for various functions. Tatsumi discloses an engine (12) the drives a pump (14) and discloses that an electric motor is substitutable with the engine thereby establishing an engine and an electric motor to be obvious equivalents (Col. 25, line 63-66). The electric motor and the engine perform the same function of being the prime mover driving the hydraulic pump in the hydraulic system.
Since electric motors and engines/internal combustion motors are known in the art to drive hydraulic pumps and are obvious equivalents, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Del Real in view of Allen to have used an electric motor for powering said hydraulic pump used to supply pressurized fluid to a hydraulic actuator as taught by Tatsumi as a matter of simple substitution of one known element for another to yield only predictable results.
The combination of Del Real, Allen, and Tatsumi does not disclose a support plate coupled to each of said drive rings; and a plurality of radially spaced-apart abrasion rotors secured to said support plate.
However, Guinn discloses a ride-on machine for treating concrete similar to Del Real and the present application and therefore constitutes analogous art.
Guinn discloses:
a ride-on polisher for treating a concrete surface (Fig. 1):
a frame (34) adapted to be propelled over the concrete surface (40) to be treated;
a seat (23) upon which a trowel operator may be comfortably seated;
a pair least of rotor assemblies (36, 38) secured to the frame and descending into contact with the concrete surface;
a pair of joysticks (26, 27);
each rotor controlling a circular drive ring (67);
a support plate (102) coupled to each of said drive rings (plate 102 is coupled to drive rings 67 via arms 62); and,
a plurality of radially spaced-apart abrasion rotors (108, 109, 110, 200, 205, etc.) secured to said support plate (rotors 108, 109, etc. are secured to plate 102 as seen in Fig. 3).
Guinn teaches an adaptor assembly including the support plate 102 and abrasion rotors 108, 109, etc. for concrete finishing trowels that enables efficient polishing of concrete surfaces.
Since efficient polishing of concrete surfaces is beneficial, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Del Real in view of Allen and Tatsumi to have used the adaptor assembly including a support plate coupled to each of said drive rings; and, a plurality of radially spaced-apart abrasion rotors secured to said support plate as taught by Guinn.
The combination of Del Real, Allen, Tatsumi, and Guinn further renders obvious:
7. The polisher as defined in claim 6 wherein each drive ring comprises radially spaced apart spokes extending to an integral, outer, peripheral reinforcement ring (Guinn Fig. 2, spokes 62 are shown to extend to the integral, outer, peripheral reinforcement ring 67, similar structure are also seen in Del Real).
8. The polisher as defined in claim 7 wherein said each support plate is removably coupled to a drive ring (Guinn, support plate 102 is removably coupled to the drive ring 67 via the spokes 62 using fasteners 63, which are removable; the support plate would be implemented into the device of Del Real in a similar manner).
9. The polisher as defined in claim 8 wherein each support plate comprises a plurality of radially spaced apart channels adapted to receive at least a portion of said drive ring spokes for mounting said support plate to said drive ring (Guinn, Fig. 10 shows an embodiment of a support plate 250 that includes channels 253 to receive the spokes 63 of the drive ring 67 seen in Fig. 2, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used either embodiment of Fig. 3 or 10 in the modification to Del Real since both function equivalently and result in only expected results).
1. An electric polisher for treating concrete:
a frame adapted to be supported over a concrete surface to be treated by at least one rotor;
a seat upon which a trowel operator may be comfortably seated;
at least one rotor assembly secured to the frame and descending into contact with the lower concrete surface below;
hydraulic tilting circuits for controlling each rotor assembly;
a pair of joysticks for controlling the hydraulic tilting circuits;
a hydraulic pump for driving said tilting circuits;
an electric motor for powering said hydraulic pump;
an electric motor for revolving each rotor assembly;
at least one battery for powering said electric motors;
each rotor controlling a circular drive ring;
a support plate coupled to said drive ring; and,
a plurality of radially spaced-apart abrasion rotors secured to said support plate (see claim 6 rejection for equivalent limitation mapping and discussion).
2. The polisher as defined in claim 1 wherein the drive ring comprises radially spaced apart spokes extending to an outer, peripheral reinforcement ring (see claim 7 rejection for equivalent limitation mapping and discussion).
3. The polisher as defined in claim 2 wherein said support plate is removably coupled to said drive ring (see claim 8 rejection for equivalent limitation mapping and discussion).
4. The polisher as defined in claim 3 wherein the support plate comprises a plurality of radially spaced apart channels adapted to receive at least a portion of said drive ring spokes for mounting said support plate to said drive ring (see claim 9 rejection for equivalent limitation mapping and discussion).
Claim(s) 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Del Real, Allen, Tatsumi, and Guinn as applied to claim 6 above, and further in view of Balling (US 5632570).
Regarding claim 5 and 10, The combination of Del Real, Allen, Tatsumi and Guinn renders obvious the polisher as defined in claim 9 and 4 but does not disclose further comprising potentiometers for adjusting the speed of the rotors.
However, Balling discloses an electric rotary trowel device similar to Del Real and the present application and therefor constitutes analogous art. Balling discloses using a potentiometer (72a) for controlling the speed of the electric motor (11) which controls the speed of the rotor and using a control box with a rectifier for rectifying AC current (Col. 2 lines 5-8, Col. 7 lines 14-30, Col. 8 lines 20-24).
Since AC motors and DC motors both perform the same function of providing rotational power to rotors, and since both are known in the art to be used to rotate rotors of an electric trowel machine, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Del Real in view of Allen, Tatsumi, and Guinn to have replaced the AC motors with DC motors with a potentiometers for adjusting the speed of the rotors as taught by Balling as a matter of simple substitution of one known device for another to yield only predictable results. The use of an AC motor or DC motor would not change the primary function of the overall device which is to rotate rotors to treat a concrete floor. Both electric motors of Del Real would be DC motors that are controlled via potentiometers in light of the modifications by Balling.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stark et al. (US 10960510) discloses a support plate coupled to a trowel bars and a plurality of abrasion rotors
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 December 5, 2025