DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18,557,722 filed on 10/27/2023.
Claims 1-17 are cancelled
Claims 18 – 34 are new
Claims 25, 27, 31 and 32 are allowed
Claims 18 – 34 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on was filed after the mailing date of the 10/27/2023 fully considered by examiner The submission is in compliance with the provisions of 37 CFR 1.97.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 18 – 24, 26, 28, 30, 33 – 34 are rejected under 35 U.S.C. 102(a1)(a2) are unpatentable by JPH10195924 – Toru et al. hereinafter as TORU
Regarding Claim 18
TORU discloses:
18. A boring machine including:
a frame (Fig. 1 – body 2 has a cage structure para. 0008) bearing at least a first milling drum(Fig. 1 -2 milling drum 3), the frame having a body( fig. 1 and 2 – body with a cage structure para. 0008) extending along a longitudinal direction; (figure 1-3 length of hole going up and down direction)
at least a first motor to drive the milling drum in rotation about a first axis of rotation ( para. 0008 – wherein the drive unit for driving the drums);
at least a first arm ( arm 42 – where in this is the first arm) having a lower end part, the first arm being movable with respect to the body; (Fig. 1 -2 – where in the arm is movable with respect to body 2)
at least a first support (support linkage arm 41) bearing the first milling drum( drum 3) and the first motor( para. 0008 – drive unit), the first support (support linkage arm 41)being connected to the lower end part of the first arm (arm 42)while being movable with respect to the body of the frame(body – 2 and frame – cage para. 0008), an actuating device connected to the body to displace at least the first arm with respect to the body; (actuating device interpreted the entire device that connects to the body and displaces an arm– 44 – moves 43 to displace the first arm(first arm 42))
said boring machine being characterized in that the body further includes:
a translational guiding device (the cylinder of the actuating device 44) extending along the longitudinal direction( see direction in figure1), the boring machine further comprising a movable member disposed in the body above the first support ( fig. 3 – where in 43 is above first support) and interacting with the translational guiding device such that the movable member(movable member 43) is displaceable with respect to the body along the longitudinal direction while being guided by the translational guiding device(Fig. 1 – see figure), the first arm being mounted pivotably on the movable member.( movable member reads on 43)
[AltContent: arrow][AltContent: textbox (B2 – second pivoting axis)][AltContent: textbox (B1 – second pivoting axis)][AltContent: textbox (C2 second axis of pivot)][AltContent: textbox (C1 – second axis of pivot)][AltContent: textbox (A2 - Second Axis of rotation)][AltContent: textbox (ARM 2)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second support)][AltContent: arrow][AltContent: textbox (First Support)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: rect][AltContent: textbox (Second drum)][AltContent: arrow][AltContent: textbox (A1 - First Axis of rotation)][AltContent: arrow][AltContent: textbox (ARM 1)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Longitudinal direction)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Translational guiding device - cylinder)][AltContent: arrow]
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Regarding Claim 19
TORU discloses claim 18:
19. The boring machine as claimed in claim 18, wherein:
the first support (support 41) is attached to the body pivotably about a first pivoting axis(C1), and is attached to the lower end part of the first arm ( arm 41) pivotably about a first axis of pivot, whereby the actuating of the actuating device ( wherein the actuating device is 44) has the effect of making the first milling drum pivot with respect to the body about the first pivoting axis.(B1)
Regarding Claim 20
TORU discloses claim 19:
20. The boring machine as claimed in claim 19, wherein the first axis of pivot (c1) is disposed above the first pivoting axis (B1).
Regarding Claim 21
TORU discloses claim 18:
21. The boring machine as claimed in claim 18, wherein the frame further includes a second arm ( fig. 1 arm 2 - 41) which is connected to the movable member( 43), the second arm having a lower end part( fig. 1 arm 2 – 41 – see fig.), the first and second arms being pivoting with respect to one another ( fig. 1 and 2 arm 1 and 2 - 41), the actuating device being configured to displace the second arm with respect to the body( see figure 1 and 2 of actuating device with respect to second arm), said boring machine further including: a second milling drum and a second motor to drive the second milling drum in rotation ( para. 0008 – wherein the drive unit for driving the drums, fig . 1 mill drum 3 ); about a second axis of rotation( second axis of rotation with second drum); and a second support (fig. 1 – second support)which is movable with respect to the body(fig. 1 – support 41 rotates about axis c2), the second milling drum and the second motor being mounted on the second support, the second support being connected to the lower end part of the second arm.(fig. 1 second mill drum 3 , second arm 2 41)
Regarding Claim 22
TORU discloses claim 21:
22. The boring machine as claimed in claim 21, wherein: the second support (fig. 1 second support 41) is attached to the body ( body - 2) pivotably about a second pivoting axis(c2), and is attached to the lower end part of the second arm( second arm 41) pivotably about a second axis of pivot(b1), whereby the actuating of the actuating device (actuating 44) has the effect of making the second milling drum (second drum 3) pivot with respect to the body(body 2) about the second pivoting axis.(B1)
Regarding Claim 23
TORU discloses claim 22:
23. The boring machine as claimed in claim 22, wherein the first and second axes of pivoting are parallel.( fig. 1 - axis B1 and B2 are parallel)
Regarding Claim 24
TORU discloses claim 22:
24. The boring machine as claimed in claim 22, wherein the first and second axes of pivot(C1, C2) are located above the first and second axes of pivoting.( B1, B2)
Regarding Claim 26
TORU discloses claim 21:
26. The boring machine as claimed in claim 21, wherein the boring machine has a retracted position wherein the separation between the first and second milling drums is minimal, the boring machine further including a stop device in order to maintain the minimum separation between the first and second milling drums when the boring machine is in the retracted position.( where in figure one in the retracted state the mill drums 1 - 3 and mill drum 2 – 3 is minimal. )
Regarding Claim 28
TORU discloses claim 21:
28. The boring machine as claimed in claim 21, wherein the actuating device includes a first actuator ( first actuator) which is connected to the body (body 2 )and to the first arm to displace the first arm with respect to the body, and a second actuator( second actuator) which is connected to the body(body 2 ) and to the second arm to displace the second arm with respect to the body.
[AltContent: arrow][AltContent: arrow][AltContent: textbox (second actuator)][AltContent: textbox (first actuator)]
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Regarding Claim 34
TORU discloses claim 21:
34. The boring machine as claimed in claim 18, wherein the translational guiding device is integrated into the frame, and the movable member is disposed in the frame.(based upon broadest reasonable interpretation, integration into the frame is interpreted as being structurally supported within the structure of the body ( which includes the cage) where in the cylinder 44 is the translational guiding device, )
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 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.
JPS6245831 – Nippon
Claim(s) 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable by JPH10195924 – Toru et al. hereinafter as TORU in view of Official Notice
Regarding Claim 29
TORU discloses claim 21:
TORU discloses using a hydraulic jack but not explicitly a hydraulic motor for running the mill drums.
OFFICIAL NOTICE
29. The boring machine as claimed in claim 18, wherein the first motor is hydraulic.(where in hydraulic motors are a well known drive unit)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for TORI disclosing of a drilling device to include the motor to be hydraulic as taught by official notice.
Regarding Claim 30
TORU discloses of utilizing hydraulics in the milling drum machine, However does not explicitly disclose a swivel joint.
OFFICIAL NOTICE
30. The boring machine as claimed in claim 18, wherein the frame further includes a swivel joint which is connected to the body by way of a removable element.(Wherein a swivel join, rotary union, center joint are fundamental to excavator operation)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for TORI disclosing of a Milling drum excavator device to include swivel joint as taught by official notice.
Allowable Subject Matter
Claims 25, 27, 31 and 32 are allowable
TORU disclose the boring machine as recited in the rejection above. However does not explicitly disclose
wherein, considered along a transverse direction perpendicular to the longitudinal direction and to the first pivoting axis, the first and second axes of pivoting are located between the first and second axes of pivot, wherein the first and second supports are shaped to come into contact with one another when the boring machine is in the retracted position, the stop device consisting of stop faces disposed face-to-face on each of the first and second supports,
wherein the movable member is housed in the translational guiding device such as to form together a sliding coupling, wherein the translational guiding device includes two parallel rails extending along the longitudinal direction of the body and together delimiting a passage for the movable member and wherein the translational guiding device is separate from the actuating device. Such modification would require too significant modifications and would constitute an improper degree of hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JPS6245831 – Morooka - Underground Trencher – pivot axis and support arms EP496926 – MIOTTI – support arms - pivot of axis art
US PG Pub 2005000122 – Changnot - Cutting tool digging trenches for quick change
US PG Pub 20060032096 – Stoelzer – milling cutter and upper arms
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/A.H.T/Examiner, Art Unit 3671
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676