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 .
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.
Claims 1-18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
With respect to claim 1, on line 7, the recitation of the “longitudinal extension of said endless track around said endless track” is confusing. It is unclear how the endless track can extend around itself. It appears that applicant may have intended to recite “said endless track around said set of wheels” instead.
Likewise, in claim 8, on line 7, the recitation of the “longitudinal extension of said endless track around said endless track” is confusing. It is unclear how the endless track can extend around itself. It appears that applicant may have intended to recite “said endless track around said set of wheels” instead.
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.
Claim(s) 1-3, 5-11 and 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laperle et al. (US 2020/0070906, hereafter Laperle)
With respect to claim 1, Laperle teaches a method for determining damage of an endless track (track 22) of a tracked vehicle (vehicle 10), said tracked vehicle comprising at least one track assembly (track systems 161, 162) comprising said endless track (track 22) disposed in its longitudinal extension around a set of wheels (wheels 23-2810), said endless track having opposite sides (lateral edges 491, 492) configured to face in a direction essentially parallel to the axial direction of said set of wheels, wherein said endless track (track 22) comprises a wire configuration (cables 371-37M) arranged within said endless track and configured to run in the longitudinal extension of said endless track around said endless track, said wire configuration (cables 371-37M) comprising one or more individual wires (cables 371-37M) arranged to run within said endless track so that a set of wire portions are running in said longitudinal extension, wherein a set of measuring connectors are connected to wire portions of said set of wire portions so as to facilitate measuring electrical properties of the thus connected wire portions, said set of measuring connectors being accessible by means of one or more sensor devices (sensing device 85) in connection to at least one side of said sides of said endless track, the method comprising the steps of: receiving, from at least one sensor device, via measuring connectors, measurement information associated with electrical properties of wire portions of said wire configuration; based on the information received from said at least one sensor device, determining electrical properties of said wire portions; and, based on the determined electrical properties, determining whether or not there is a damage to the endless track. (par. 81-83, 87-89, 95, 107, 120, 163-171; Figs. 1, 5, 18-19)
With respect to claim 2, Laperle teaches the step of determining whether or not there is a damage to the endless track comprises the steps of: comparing the determined electrical properties of said wire portions with predetermined electrical properties of wire portions of said wire configuration; and determining a damage to the endless track if the difference between said determined electrical properties of one or more wire portions and said predetermined electrical properties of wire portions of said wire configuration exceeds a predetermined threshold. (par. 163-171)
With respect to claim 3, Laperle teaches the step of determining whether or not there is a damage to the endless track comprises determining whether one or more wire portions are torn apart based on said determined electrical properties. (par. 170)
With respect to claim 5, Laperle teaches the step of receiving, from at least one sensor device, measurement information associated with electrical properties of wire portions of said wire configuration, comprises receiving measurement information from measurement between a first connection point and a second connection point of a wire portion. (par. 164)
With respect to claim 6, Laperle teaches the step of receiving, from at least one sensor device, measurement information associated with electrical properties of wire portions of said wire configuration, comprises receiving measurement information associated with one or more of: electrical current; electrical resistance, electrical voltage, magnetic properties. (par. 163-171)
With respect to claim 7, Laperle teaches said measuring connectors are configured to be an integrated part of said endless track, said measuring connecters being assembled in connection to at least one of the sides of said endless track. (Figs. 18-19)
With respect to claim 8, Laperle teaches an arrangement for determining damage of an endless track (track 22) of a tracked vehicle (vehicle 10), said tracked vehicle comprising at least one track assembly (track systems 161, 162) comprising said endless track (track 22) disposed in its longitudinal extension around a set of wheels (wheels 23-2810), said endless track having opposite sides (lateral edges 491, 492) configured to face in a direction essentially parallel to the axial direction of said set of wheels, wherein said endless track (track 22) comprises a wire configuration (cables 371-37M) arranged within said endless track and configured to run in the longitudinal extension of said endless track around said endless track, said wire configuration (cables 371-37M) comprising one or more individual wires (cables 371-37M) arranged to run within said endless track so that a set of wire portions are running in said longitudinal extension, wherein said arrangement comprises a set of measuring connectors connected to wire portions of said set of wire portions so as to facilitate measuring electrical properties of the thus connected wire portions, said set of measuring connectors being accessible by means of one or more sensor devices (sensing device 85) in connection to at least one side of said sides of said endless track, so as to facilitate determining damage to said endless track based on determined electrical properties of wire portions. (par. 81-83, 87-89, 95, 107, 120, 163-171; Figs. 1, 5, 18-19)
With respect to claim 9, Laperle teaches said arrangement comprises at least one sensor device (sensing device 85) of said one or more sensor devices, and a control unit (processing entity 88), wherein said control unit is configured to: receive, from said at least one sensor device (sensing device 85) via measuring connectors, measurement information associated with electrical properties of wire portions of said wire configuration (cables 371-37M); based on the information received from said at least one sensor device, determine electrical properties of said wire portions; and based on the determined electrical properties, determine whether or not there is a potential damage to the endless track. (par. 120, 163-171)
With respect to claim 10, Laperle teaches said control unit (processing entity 88) when determining whether or not there is a damage to the endless track, is configured to: compare the determined electrical properties of said wire portions with predetermined electrical properties of wire portions of said wire configuration; and, determine a potential damage to the endless track if the difference between said determined electrical properties of one or more wire portions and said predetermined electrical properties of wire portions of said wire configuration exceeds a predetermined threshold. (par. 163-171)
With respect to claim 11, Laperle teaches, when determining whether or not there is a potential damage to the endless track (track 22), further being configured to determine whether one or more wire portions are torn apart based on said determined electrical properties. (par. 170)
With respect to claim 13, Laperle teaches said arrangement comprises at least one sensor device (sensing device 85) of said one or more sensor devices, wherein a sensor device of said at least one sensor device, is configured to be connected to a first measuring connector connected to a first connection point of a wire portion and a second measuring connector connected to a second connection point of a wire portion, so as to receive measurement information associated with electrical properties from measurement between said first connection point and second connection point of said wire portion. (par. 163-171, Figs. 18-19)
With respect to claim 14, Laperle teaches said determined electrical properties of wire portions of said wire configuration via measuring connectors, comprises one or more of: electrical current; electrical resistance, electrical voltage, magnetic properties. (par. 163-171)
With respect to claim 15, Laperle teaches said measuring connectors are configured to be an integrated part of said endless track, said measuring connecters being assembled in connection to at least one of the sides of said endless track. (Figs. 18-19)
With respect to claim 16, Laperle teaches a tracked vehicle comprising an arrangement of claim 8. (par. 81-83, 87-89, 95, 107, 120, 163-171; Figs. 1, 5, 18-19)
With respect to claim 17, Laperle teaches a computer program comprising computer-readable instructions which, when executed by at least one processor (processing entity 88) of a control unit for determining damage of an endless track of a tracked vehicle causes the at least one processor to perform the steps of claim 1.
With respect to claim 18, Laperle teaches a computer program product comprising at least one computer-readable medium, such as a non-volatile memory, storing the computer program of claim 17.
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.
Claim(s) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laperle in view of Sidles. (US 2016/0178483)
With respect to claim 4, Laperle teaches all that is claimed, as in the above rejection, except wherein the method further comprises determining, if it is determined that there is damage to the endless track, the degree of damage based on number of wire portions having electrical properties exceeding said predetermined threshold.
Sidles teaches a method for determining damage of an endless track (track assembly 14) of a tracked vehicle (machine 10), comprising using a sensing device (sensing device 42) to determine damage to the endless track and determining the degree of damage based on a number of wire portions (wear members 74) having electrical properties exceeding a predetermined threshold. (par. 18, 25-26, 36-38, Figs 1, 3)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Laperle to include determining a degree of damage, as taught by Sidles, in order to provide the user with more detailed information about the damage that has occurred.
With respect to claim 12, Laperle teaches all that is claimed, as in the above rejection, except wherein the control unit is further configured to determine, if it is determined that there is potential damage to the endless track, the degree of potential damage based on number of wire portions having electrical properties exceeding said predetermined threshold.
Sidles teaches an arrangement for determining damage of an endless track (track assembly 14) of a tracked vehicle (machine 10), comprising a control unit configured to use a sensing device (sensing device 42) to determine damage to the endless track and determining the degree of damage based on a number of wire portions (wear members 74) having electrical properties exceeding a predetermined threshold. (par. 18, 25-26, 36-38, Figs 1, 3)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Laperle to include determining a degree of damage, as taught by Sidles, in order to provide the user with more detailed information about the damage that has occurred.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 17-18 are rejected under 35 U.S.C. 101.
Claim 17 is drawn to a computer program and computer programs per se are not directed to a statutory class of invention because a (see MPEP 2106, I). Reciting that the computer program is stored on a non-transitory computer readable medium would be directed to a product and be within a statutory category of invention, so long as the computer readable medium is not disclosed as non-statutory subject matter per se (signals or carrier waves). Such a signal or carrier wave is not directed to one of the statutory categories of invention (See MPEP 2106, II, A), but are directed to judicially excepted subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2012/0043980; US 10,358,178 and US 2024/0190523 each teach an invention having similarities to the claimed subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JILL E CULLER/Primary Examiner, Art Unit 2853