Final 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 Amendment
Applicant’s arguments, see Applicant’s Arguments/Remarks Made in an Amendment, filed 03/13/2026, with respect to the rejections under 35 USC 112(b) have been fully considered and are persuasive. In light of the amendments made, the rejections of claims 1 and 9 under 35 USC 112(b) have been withdrawn.
Applicant’s arguments with respect to the rejections of independent claims 1-13 under 35 USC 102(a)(2) and 35 USC 103 have been fully considered and are persuasive. Therefore, in light of the amended language, the rejection has been withdrawn. However, upon further search and consideration, a new ground(s) of rejection is made in view of Arzberger et al as part of EP 0735199 A1, hereinafter referred to as Arzberger, in view of Weixler et al as part of EP 3683361 A1, hereinafter referred to as Weixler.
In the interest of compact prosecution, examiner wishes to respond to specific arguments made by applicant.
Regarding the rejection of claims 1, 3-5, and 7-12 under 35 USC 102(a)(2) as being anticipated by Ito et al as part of JP 08209741 A, hereinafter referred to as Ito, applicant argues that, in light of the amended language to specify the pivot of the cutting frame 90 degrees from a transverse feed direction to the vertical cutting position, Ito does not read on the amended language of the claim. Further, applicant states that Weixler and Raffuzzi et al as part of US 20170292635 A1, hereinafter referred to as Raffuzzi do not make up the deficiency of Ito. Examiner agrees with this assessment. While Ito does teach of a pivotal pair of cutting wheels that deviate to be substantially perpendicular to the transverse feed direction of the cutting frame, there is no suggestion or recitation that the angle by which the cutting wheels are pivoted reaches 90 degrees from the transverse feed direction.
Claim Rejections - 35 USC § 103
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 7-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Arzberger in view of Weixler.
Arzberger teaches of a trench cutter (Arzberger: Col. 1, line 37-40, the object of the invention is to provide a trench cutter) comprising at least one cutting frame unit and at least two cutting wheels arranged in the longitudinal direction of the cutting frame unit (Arzberger: Fig. 1-2, milling frame 10 comprises milling wheels 40 in the longitudinal direction of the milling frame 10) and is configured for cutting a vertical cutting trench in the ground (Arzberger: Col. 1, line 10-19, milling devices such as those described are known to cut vertically down in to the ground),
a supporting structure for suspending the trench cutter in a cutting position and configured to move the trench cutter in a vertical cutting direction to create the cutting trench (Arzberger: Fig. 1, suspension device 12 suspends the frame 10 in a conventional manner),
and the trench wall cutting device further comprises a pivoting device configured to pivot the cutting frame unit with the cutting wheels 90 degrees from the transversely-oriented feed position into the vertical cutting position (Arzberger: Col. 2, line 53 - Col. 3, line 2, by actuating hydraulic elements 50, lever arms 22 can be moved essentially horizontally, allowing the milling wheels 40 to be deflected perpendicularly to the milling plane).
Arzberger does not teach of a feed device for feeding the trench cutter in a feeding direction that is transverse to the cutting direction, wherein the longitudinal direction of the cutting frame unit is oriented in parallel to the feeding direction.
Weixler teaches of a trench wall cutting device, comprising
a trench cutter (Weixler: Fig. 1, trench wall milling device 10) comprising at least one cutting frame unit and at least two cutting wheels arranged in the longitudinal direction of the cutting frame unit (Weixler: Fig. 1, milling wheels 42 are in line with the longitudinal axis of the milling module 40) and is configured for cutting a vertical cutting trench in the ground (Weixler: Paragraph 32, the trench is formed by digging in the vertical direction),
a supporting structure for suspending the trench cutter in a cutting position and configured to move the trench cutter in a vertical cutting direction to create the cutting trench (Weixler: Fig. 1, support frame 20 contains milling module 40 on rails 25, which act to move the milling module 40 in a vertical cutting direction), and
a feed device for feeding the trench cutter in a feeding direction which is oriented transversely to the cutting direction (Weixler: Fig. 1, first milling module 40 is fed transversely to the operative direction of the milling wheels 42 along guide rails 25 by supply unit 80),
wherein the feed device is configured for feeding the at least one cutting frame unit with the two cutting wheels in a transversely oriented feed position (Weixler: Fig. 1, the orientation of milling module 40 is positioned within support frame 20, which is fed along a transversely oriented direction),
wherein the longitudinal direction of the cutting frame unit is oriented in parallel to the feeding direction (Weixler: Fig. 1, The longitudinal direction of the milling module 40 is parallel to the feed direction of support frame 20.
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the frame structure taught by Arzberger with the support frame comprising the feed device taught by Weixler to better support the trench cutter apparatus and allow for transverse feeding in a horizontal plane (Weixler: Paragraph 55, the supporting structure 20 is adapted to a tunnel 5, with floor support 21 being supported on the floor and ceiling support 23 being supported on the ceiling, allowing the milling unit to be laterally supported in a tunnel during operation). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing better structural support during the pivotal movement of the trench cutting apparatus (MPEP 2143, Subsection I, B).
Regarding Claim 2: Arzberger in view of Weixler teaches of the apparatus described in claim 1.
In light of the modifications described above in claim 1, Weixler further teaches wherein the feed device comprises at least one rail along which the at least one cutting frame unit can be displaced (Weixler: Fig. 5, guide rails 25 are formed in the grid like floor support 21 of support structure 20, which facilitates the displacement of milling module 40).
Regarding Claim 3: Arzberger in view of Weixler teaches of the apparatus described in claim 1.
Arzberger further teaches wherein the trench cutter is formed by a single cutting frame unit on which the cutting wheels are mounted (Arzberger: Fig. 1, a single trench cutter device formed from a single milling frame 10 that the milling wheels 40 are mounted on is shown).
Additionally, Weixler further teaches wherein the trench cutter is formed by a single cutting frame unit on which the cutting wheels are mounted (Weixler: Fig. 1, the embodiment shown comprises a single milling module 40 whereupon the milling wheels 42 are mounted).
Regarding Claim 4: Arzberger in view of Weixler teaches of the apparatus described in claim 1.
Arzberger further teaches wherein the pivoting device is arranged on the feed device and/or the supporting structure Arzberger: bearings 30, lever arms 20, and hydraulic elements 50 are arranged on the suspension device 12, between milling frame 10 and milling wheels 40).
Regarding Claim 5: Arzberger in view of Weixler teaches of the apparatus described in claim 1.
Arzberger does not explicitly connections for the cutting elements.
Weixler further teaches wherein a plurality of cutting frame units are provided for forming the trench cutter, wherein the cutting wheels are mounted on a cutting frame unit and, in addition, at least one further cutting frame unit is detachably attached thereto (Weixler: Fig. 1, second milling module 50 is provided adjacently mounted next to first milling module 40; Fig. 15-16, second milling module 50 comprises at least two milling wheels 42 are mounted thereto).
In light of the modifications described above in claim 1 regarding the support structure of the apparatus, it would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Arzberger to utilize multiple cutting frame units as is taught by Weixler (Weixler: Fig. 1, second milling module 50 is provided adjacently mounted next to first milling module 40; Fig. 15-16, second milling module 50 comprises at least two milling wheels 42 are mounted thereto). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing multiple cutting frame units to increase the operative capacity of the trench cutter (MPEP 2143, Subsection I, A).
Regarding Claim 7: Arzberger in view of Weixler teaches of the apparatus described in claim 5.
Arzberger further teaches wherein the first cutting frame unit with the cutting wheels and at least one further cutting frame unit with a drive unit, guide plates, and/or a holding device are provided (Arzberger: Fig. 1, milling frame 10 comprises hydraulic cylinder 50 to pivotally drive milling wheels 40; Fig. 2, milling frame 10 is show to comprise two plate structures on the exterior sides; Fig. 1-2, support part 20 holds cutter wheels 40).
Additionally, Weixler further teaches wherein the first cutting frame unit with the cutting wheels and at least one further cutting frame unit with a drive unit, a pump unit, a supply unit, guide plates, and/or a holding device are provided (Weixler: Fig. 1, a first supply unit 80 is directly connected to the first milling module 40 and second milling module 50; Paragraph 25, a hydraulic fluid supply unit may be formed as part of a module on the apparatus; Fig. 1, milling modules 40 and 50 are arranged on guide rails 25; first milling module 40 comprises milling drive 46, second milling module 50 comprises drive unit 52; Fig. 1-4, first milling module 40 comprises base frame 44, where milling wheels 44 are mounted thereon)
Regarding Claim 8: Arzberger in view of Weixler teaches of the apparatus described in claim 1.
Arzberger further teaches wherein the trench cutter comprises two pairs of cutting wheels (Arzberger: Col. 2, line 37, four milling wheels are provided, making two pairs of two).
Additionally, Weixler further teaches wherein the trench cutter comprises two pairs of cutting wheels (Weixler: Fig. 1, second milling module 50 is provided adjacently mounted next to first milling module 40; Fig. 15-16, second milling module 50 comprises at least two milling wheels 42 are mounted thereto)
Regarding Claim 9: Arzberger in view of Weixler accomplishes a method of cutting a cutting trench in the ground with a trench wall cutting device, according to claim 1 (see claim 1), in which:
a supporting structure and a feed device are arranged (Arzberger Fig. 1, suspension device 12 suspends the frame 10 in a conventional manner; Col. 1, line 5-9, the trench cutter is lowered to the ground by a carrying device)
a trench cutter with at least one cutting frame unit and cutting wheels is fed to a working area (Arzberger: Fig. 1-2, milling frame 10 comprises milling wheels 40 in the longitudinal direction of the milling frame 10),
and the trench cutter is suspended from the supporting structure and moved in a vertical cutting direction (Arzberger: Col. 1, line 5-19, milling devices such as those described are known to be suspended from a carrying device and cut vertically down in to the ground),
wherein a cutting trench is created in the ground by cutting away ground material (Arzberger: Col. 1, line 5-19, the trench cutter removes soil via rotary motion), the at least one cutting frame unit with the cutting wheels is pivoted from the transversely oriented feed position into a vertical cutting position by means of a pivoting device (Arzberger: Col. 2, line 53 - Col. 3, line 2, by actuating hydraulic elements 50, lever arms 22 can be moved essentially horizontally, allowing the milling wheels 40 to be deflected perpendicularly to the milling plane).
Arzberger does not teach of the trench cutter being fed to a working area by means of a feed device in a feeding direction which is oriented transversely to a cutting direction.
Weixler teaches of the trench cutter device described above in claim 1, which accomplishes the method or cutting a cutting trench in the ground with a trench wall cutting device in which:
a supporting structure and a feed device are arranged (Weixler: Fig. 1, First milling module 40 is arranged on support structure 20 and is transversely slidable via supply unit 80),
a trench cutter with at least one cutting frame unit and cutting wheels (Weixler: Fig. 1, milling wheels 42 are in line with the longitudinal axis of the milling module 40) is fed to a working area by means of the feed device in a feeding direction which is oriented transversely to a cutting direction (Weixler: Fig. 1, first milling module 40 is fed transversely to the operative direction of the milling wheels 42 along guide rails 25 by supply unit 80),
and the trench cutter is suspended from the supporting structure and moved in a vertical cutting direction (Weixler: Fig. 1, first milling module 40 is arranged on support structure 20 to cut in the vertical direction), wherein a cutting trench is created in the ground by cutting away ground material (Weixler: Paragraph 45, the milling wheels 42 are known to remove soil material),
wherein the at least one cutting frame unit with the cutting wheels is fed in a transversely-oriented feed position by means of the feed device (Weixler: Fig. 1, supply unit 80 is directly coupled to first milling module 40 and is slidably mounted on support carriage 86 of support structure 20), wherein a longitudinal direction of the cutting frame unit is oriented in parallel to the feed device (Weixler: Fig. 1, the longitudinal direction of milling module 40 is parallel to the longitudinal direction of the supply unit 80).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to substitute the frame structure taught by Arzberger with the support frame comprising the feed device taught by Weixler to better support the trench cutter apparatus and allow for transverse feeding in a horizontal plane (Weixler: Paragraph 55, the supporting structure 20 is adapted to a tunnel 5, with floor support 21 being supported on the floor and ceiling support 23 being supported on the ceiling, allowing the milling unit to be laterally supported in a tunnel during operation). Such a substitution would not fundamentally alter the individual elements of the inventions, to the predictable result of providing better structural support during the pivotal movement of the trench cutting apparatus (MPEP 2143, Subsection I, B).
Regarding Claim 10: Arzberger in view of Weixler teaches of the apparatus described in claim 9.
Arzberger further teaches within a recess, the at least one cutting frame unit and the cutting wheels are pivoted into the cutting position (Arzberger: Col. 2, line 53 - Col. 3, line 2, by actuating hydraulic elements 50, lever arms 22 can be moved essentially horizontally, allowing the milling wheels 40 to be deflected perpendicularly to the milling plane).
Regarding Claim 11: Arzberger in view of Weixler teaches of the apparatus described in claim 9.
Arzberger does not explicitly teach of a plurality of cutting frame units in the working area.
Weixler teaches wherein the trench cutter is assembled from a plurality of cutting frame units at the working area (Weixler: Fig. 1, second milling module 50 is provided adjacently mounted next to first milling module 40; Fig. 15-16, second milling module 50 comprises at least two milling wheels 42 are mounted thereto).
In light of the modifications described above in claim 9 regarding the support structure of the apparatus, it would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to modify the disclosure of Arzberger to utilize multiple cutting frame units as is taught by Weixler (Weixler: Fig. 1, second milling module 50 is provided adjacently mounted next to first milling module 40; Fig. 15-16, second milling module 50 comprises at least two milling wheels 42 are mounted thereto). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of utilizing multiple cutting frame units to increase the operative capacity of the trench cutter (MPEP 2143, Subsection I, A).
Regarding Claim 12: Arzberger in view of Weixler teach of the apparatus described in claim 9.
In light of the modifications described above in claim 9, Weixler further teaches wherein at least two adjacent cutting trenches are created, wherein after the creation of a first cutting trench the trench cutter is retracted from the first cutting trench, if necessary, with disconnecting of the plurality of cutting frame units, and in that, in order to create a further cutting trench, the cutting frame units are moved along the feed device and reconnected to form the trench cutter, which is then lowered into the ground while cutting off ground material (Weixler: Paragraph 34, at least two adjacent milling slots can be created, the milling machine being withdrawn from the first slot, moved along the guide device and reconnected to the milling machine, then lowered into the ground while milling away soil).
Regarding Claim 14: Arzberger in view of Weixler teach of the apparatus described in claim 1.
In light of the modifications described above in claim 1, Weixler further teaches wherein transversely-oriented feed position is a horizontal plane (Weixler: Paragraph 55, the supporting structure 20 is adapted to a tunnel 5, with floor support 21 being supported on the floor and ceiling support 23 being supported on the ceiling, allowing the milling unit to be laterally supported in a tunnel during operation).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Arzberger in view of Weixler, further in view of Raffuzzi.
Regarding Claim 13: Arzberger in view of Weixler teach of the trench wall cutting device of claim 1.
While Weixler makes mention of “slot or sealing walls” to support construction pits or create a groundwater barrier (Weixler, paragraph 3), Arzberger in view of Weixler does not give substantive detail of at least one cutting trench being filled with a settable suspension which cures to become the trench wall.
Raffuzzi teaches of a support structure for a cable suspended excavation device (Raffuzzi: Paragraph 2-3, the disclosure relates to a support structure for an excavation device or tool; such tools are usually moved by means of a cable lifting device),
wherein in order to create a trench wall in the ground, the at least one cutting trench is filled with a settable suspension which cures to become the trench wall (Raffuzzi: Paragraph 4, it is common for excavations to be reinforced with hardening materials such as cement or polymer mixtures).
It would have been obvious to one of ordinary skill in the art at the time the invention was properly filed to implement the hardening material, such as concrete or polymer mixtures as taught by Raffuzzi, with the apparatus taught by Arzberger in view of Weixler as is alluded to by Weixler (Weixler: paragraph 3, “sealing walls” being used to support construction pits or to create a groundwater barrier). Such a modification would not fundamentally alter the individual elements of the inventions, to the predictable result of increasing the structural integrity of the trench (Raffuzzi: Paragraph 4, the panels may have both structural functions as foundation elements or water-proofing functions).
Allowable Subject Matter
Claim 6 is 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.
As stated in the prior office action, while examples are found in prior art teachings, such as Weixler and Ito, of modular cutting frame units that can be utilized in tandem with one another, no such examples were found wherein the adjacent cutting frame units were connected via a pivotal joint connection.
Conclusion
THIS ACTION IS MADE FINAL. 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 EVAN ANTHONY BREGEL whose telephone number is (571)272-0922. The examiner can normally be reached 8:30-5:30 Eastern, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher J Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVAN A BREGEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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