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 Final action is in reply to the application 18/606,956 amendment filed on 06/15/2026.
Claims 1 – 2, 4 – 8 are amended
Claims 1 – 12 are currently pending and have been examined.
Response to arguments
The examiner states that the applicants arguments regarding the hydraulic pump is not persuasive. The examiner states that the applicants arguments aren’t persuasive and states that the fan system actuate a vacuum through the boom and hose to draw debris thus the activation of fan system. The system utilizes the hydraulic motor to drive the pump , the pump is driven wherein the fan utilizes the pump to create a vacuum. The system discloses a fan system that is driven by the system. ( para. 0030 – discloses wherein the fan drive system actuate a fan to create the vacuum through the boom)
Additionally, REED also discloses of a hydraulic pump that is connected to the transmission and engine. ( para. 0032 wherein the hydraulic pump is powered by the power take off. REED discloses wherein the PTO may be connected to the transmission that would have a multiplier effect where in PTO output speed in rotations per minute are faster than rpm speed of the vehicle at crankshaft. Thus as an example if the PTO varies the engine speed, this would change the speed would change due to multiplier effect.
The examiner states that the system allows the user to vary the hydraulic motor which is powered from the PTO connected to the engine, the speed is adjustable in the control panel in the cab of the vehicle. While a user controls the PTO output speed, and power need will be greater and thus the PTO output speed is a multiple times faster than the rpm speed at the crankshaft of the vehicle. And thus if a user decides the increase the speed for a second PTO output speed that’s faster than the first PTO output speed, that would ultimately effect the crankshaft speed and the operating conditions and the speed at the crankshaft would also change and vary. Al through the user is controlling the PTO output speed, ultimate that’s varying the crankshaft speed .
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) 1 - 12 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20160245272 – Bacha et al. hereinafter as BACHA in view of US PG Pub 20190184433 – Reed et al. hereinafter as REED
Regarding Claim 1
BACHA discloses
A hydrovac comprising:
a frame; (Fig. 1 frame is part of vehicle)
a cab mounted near a front end of the frame; (Fig. 1 – cab on vehicle)
an engine mounted on the frame;( fig. 1 – 252 – engine)
at least one hydraulic fluid pump connected to the at least one power take-off; ( para. 0050 - For example, the hydraulic pump 232 can have an input shaft that may be driven by, for example, a primary power plant or engine 252 (FIG.1) of the vehicle 100 and/or an auxiliary power plant or engine.)
steering wheels operative to steer the hydrovac;( A vehicle is known to have a steering wheel – fig. 1 )
ground wheels connected to the frame and operative to be driven by the engine
a debris tank mounted on the frame behind the cab;( debris tank 114 and fig. 1)
a vacuum hose fluidly connected to the debris tank; (a boom and vacuum hose 110,)
a boom pivotally mounted at a first end and carrying the vacuum hose;( para. 0031 - a boom and vacuum hose 110)
a blower operatively connected to the debris tank and operative to create a vacuum in the debris tank;( para. 0030 and 0031 - A fan drive system 108 operates to actuate a fan to create a vacuum through the boom and vacuum hose 110 to draw debris into the debris collection tank 114. [0031] A boom and vacuum hose 110 is mounted on the top
of the vehicle 100 and rotatable around the vehicle 100.)
a hydraulic motor connected to the blower to drive the blower, the hydraulic motor connected to the at least one hydraulic pump; and ( Fig. 4 and 5 hydraulic circuit and controller and pump)
a controller( para. 0083 – controller), the controller operative to vary a speed of the engine ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212)
whereby operating the engine at the first RPM drives the at least one hydraulic pump (para. 0050 - PTO is a power take off the main engine driven hydraulic pump)
BACHA discloses of a hydrovac driven by a power source of an engine with PTO and hydraulic pump, additionally discloses ground wheels connected to the frame and operatively to be driven by the engine but does not explicitly disclose of the hydraulic pump is connected to a transmission of the engine. REED disclose of a service vehicle that has a PTO connected to the transmission and engine, REED further discloses:
a transmission connected to the engine, the transmission having at least one power take-off( para. 0032 - transmission, vehicle engine)
ground wheels connected to the frame ( see fig. 1 wheels connected to vehicle )and operative to be driven by the engine through the transmission ( para. 0032 – engine transmission, para. 0068 - driving vehicle)
a controller, the controller operative to vary a speed of the engine between a first revolutions per minute (RPM) and a second RPM, the second RPM higher than the first RPM( para. 0032)
wherein operating the engine at the first RPM drives the at least one hydraulic pump, which drives the hydraulic motor, thereby driving the blower at a first speed, and wherein operating the engine at the second RPM drives the at least one hydraulic pump faster than operating the engine at the first RPM, which drives the hydraulic motor faster, thereby driving the blower at a second speed, the second speed higher than the first speed, thereby increasing the vacuum in the debris tank and suction pressure in the vacuum hose than when the engine is operated at the first RPM. (para. 0032 – wherein hydraulic pump and hydraulic motor and RPM variability additionally, when a user controls the PTO output speed, and power need will be greater and thus the PTO output speed is a multiple times faster than the rpm speed at the crankshaft of the vehicle. And thus if a user decides the increase the speed for a second PTO output speed that’s faster than the first PTO output speed, that would ultimately effect the crankshaft speed and the operating conditions and the speed at the crankshaft would also change and vary.)
It would be obvious to one of ordinary skill in the art for BACHA hydrovac vehicle that a power source of an engine with PTO and hydraulic pump, additionally discloses ground wheels connected to the frame and operatively to be driven by the engine, to include a transmission connected to the engine, the transmission having at least one power take-off, and ground wheels connected to the frame and operative to be driven by the engine through the transmission and a controller, the controller operative to vary a speed of the engine between a first revolutions per minute (RPM) and a second RPM, the second RPM higher than the first RPM and wherein operating the engine at the first RPM drives the at least one hydraulic pump, which drives the hydraulic motor, thereby driving the blower at a first speed, and wherein operating the engine at the second RPM drives the at least one hydraulic pump faster than operating the engine at the first RPM, which drives the hydraulic motor faster, thereby driving the blower at a second speed, the second speed higher than the first speed, thereby increasing the vacuum in the debris tank and suction pressure in the vacuum hose than when the engine is operated at the first RPM as taught by REED. Doing so merely constitutes the substitution of one known PTO Method for another to produce the predictable result of utilize providing power through PTO from engine power source (MPEP 2143, subsection I, B).
Regarding Claim 2
BACHA / REED discloses claim 1
BACHA discloses,
2. The hydrovac of claim 1 wherein the controller is operative to vary a speed of the engine . ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212 such that an increase of speed in output using PTO to main motor would increase RPM)
REED discloses the RPM limitations from the rejection in claim 1
between the first RPM, the second RPM and a third RPM, the third RPM higher than the second RPM( para. 0032 - rpm)
wherein operating the engine at the third RPM drives the at least one hydraulic pump faster than operating the engine at the second RPM, which drives the hydraulic motor faster, thereby driving the blower at a third speed, the third speed higher than the second speed, thereby increasing the vacuum in the debris tank and suction pressure in the vacuum hose than when the engine is operated at the second RPM ( (para. 0032 – wherein hydraulic pump and hydraulic motor and RPM variability additionally, when a user controls the PTO output speed, and power need will be greater and thus the PTO output speed is a multiple times faster than the rpm speed at the crankshaft of the vehicle. And thus if a user decides the increase the speed for a second PTO output speed that’s faster than the first PTO output speed, that would ultimately effect the crankshaft speed and the operating conditions and the speed at the crankshaft would also change and vary.))
Regarding Claim 3
BACHA / REED discloses claim 1
BACHA discloses
3. The hydrovac of claim 1 wherein the controller is operative to vary the speed of the engine in response to a signal from a remote control. ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212 such that an increase of speed in output using PTO to main motor would increase RPM para. 0029 – remote controller)
Regarding Claim 4
BACHA / REED discloses claim 3
BACHA discloses
4. The hydrovac of claim 3 wherein the controller is operative to vary a speed of the engine. ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212 such that an increase of speed in output using PTO to main motor would increase RPM)
REED discloses the RPM limitations from the rejection in claim 3
to vary a speed of the engine between the first RPM, the second RPM and a third RPM, the third RPM higher than the second RPM. ( para. 0032 - rpm)
wherein operating the engine at the third RPM drives the at least one hydraulic pump faster than operating the engine at the second RPM, which drives the hydraulic motor faster, thereby driving the blower at a third speed, the third speed higher than the second speed, thereby increasing the vacuum in the debris tank and suction pressure in the vacuum hose than when the engine is operated at the second RPM ( (para. 0032 – wherein hydraulic pump and hydraulic motor and RPM variability additionally, when a user controls the PTO output speed, and power need will be greater and thus the PTO output speed is a multiple times faster than the rpm speed at the crankshaft of the vehicle. And thus if a user decides the increase the speed for a second PTO output speed that’s faster than the first PTO output speed, that would ultimately effect the crankshaft speed and the operating conditions and the speed at the crankshaft would also change and vary.))
Regarding Claim 5
BACHA / REED discloses claim 4
BACHA discloses
5. The hydrovac of claim 4 wherein the remote has a button are selected by pressing the button and cycling through the engine speeds.( para. 0054 - With continued reference to FIG. 5, the control circuit 206 can include a user interface 270, a control device 272, and a pressure transducer 274. The control circuit 206 can be retrofitted to any water pump control system 104 employing the water pump circuit 202 and the hydraulic actuation circuit 204.)
REED discloses the RPM limitations from the rejection in claim 3
and the first RPM, the second RPM and the third RPM. ( para. 0032 - rpm)
Regarding Claim 6
BACHA / REED discloses claim 3
BACHA discloses
6. They hydrovac of claim 3 wherein the remote control is a wireless remote control.( 0029 – wireless remote controller
Regarding Claim 7
BACHA / REED discloses claim 4
BACHA discloses of a hydrovac driven by a power source of an engine with PTO and hydraulic pump, additionally discloses ground wheels connected to the frame and operatively to be driven by the engine.
REED disclose of a Roadside motor vehicle that has a PTO connected to the transmission and engine, REED further discloses:
7. The hydrovac of claim 1 wherein the transmission comprises: (para. 0032 - transmission )
a first power take-off connected to a first hydraulic; ( para. 0032 – one or more power take off and hydraulic pump)
a second power take-off connected to a second hydraulic pump, ( para. 0032 – one or more power take off and hydraulic pump) and
wherein the first hydraulic pump and the second hydraulic pump are connected to the hydraulic motor.( para. 0032 – hydraulic pump connected to hydraulic motor)
It would be obvious to one of ordinary skill in the art for BACHA discloses of hydrovac vehicle that a power source of an engine with PTO and hydraulic pump and motor to include a transmission comprising the transmission a first power take-off connected to a first hydraulic, a second power take-off connected to a second hydraulic pump, and wherein the first hydraulic pump and the second hydraulic pump are connected to the hydraulic motor as taught by REED. Doing so merely constitutes the substitution of one known PTO Method for another to produce the predictable result of utilize providing power through PTO from engine power source (MPEP 2143, subsection I, B).
Regarding Claim 8
BACHA discloses:
8. A controller( para. 0083 – controller) for controlling the operation of hydrovac comprising:
an engine; ( fig. 1 – 252 – engine)
at least one hydraulic fluid pump connected to the at least one power take-off; ( para. 0050 - For example, the hydraulic pump 232 can have an input shaft that may be driven by, for example, a primary power plant or engine 252 (FIG.1) of the vehicle 100 and/or an auxiliary power plant or engine.)
a debris tank; ( debris tank 114 and fig. 1)
a blower operatively connected to the debris tank and operative to create a vacuum in the debris tank; ( para. 0030 and 0031 - A fan drive system 108 operates to actuate a fan to create a vacuum through the boom and vacuum hose 110 to draw debris into the debris collection tank 114. [0031] A boom and vacuum hose 110 is mounted on the top
of the vehicle 100 and rotatable around the vehicle 100.)
a hydraulic motor connected to the blower to drive the blower, the hydraulic motor connected to the at least one hydraulic pump, the controller comprising: ( Fig. 4 and 5 hydraulic circuit and controller and pump)
at least one processing unit;( processing device – 402 , fig. 8)
an output interface operatively connected to the engine; and (fig. 8 output interface display device 438)
at least one memory containing program instructions, the at least one processing unit, responsive to the program instructions, operative to: ( memory, 404, program 422, fig. 8 )
send signals to the engine to vary a speed of the engine ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212)
BACHA discloses of a hydrovac driven by a power source of an engine with PTO and hydraulic pump, additionally discloses ground wheels connected to the frame and operatively to be driven by the engine but does not explicitly disclose of the hydraulic pump is connected to a transmission of the engine. REED disclose of a service vehicle that has a PTO connected to the transmission and engine, REED further discloses:
a transmission connected to the engine, the transmission having at least one power take-off( para. 0032 - transmission, vehicle engine)
ground wheels connected to the frame ( see fig. 1 wheels connected to vehicle )and operative to be driven by the engine through the transmission ( para. 0032 – engine transmission, para. 0068 - driving vehicle)
vary a speed of the engine between a first revolutions per minute (RPM) and a second RPM, the second RPM higher than the first RPM( para. 0032, RPM)
It would be obvious to one of ordinary skill in the art for BACHA hydrovac vehicle that a power source of an engine with PTO and hydraulic pump, additionally discloses ground wheels connected to the frame and operatively to be driven by the engine, to include a transmission connected to the engine, the transmission having at least one power take-off, and ground wheels connected to the frame and operative to be driven by the engine through the transmission and a controller, the controller operative to vary a speed of the engine between a first revolutions per minute (RPM) and a second RPM, the second RPM higher than the first RPM as taught by BRODBECK. Doing so merely constitutes the substitution of one known PTO Method for another to produce the predictable result of utilize providing power through PTO from engine power source (MPEP 2143, subsection I, B).
Regarding Claim 9
BACHA / REED discloses claim 8
BACHA discloses
wherein the controller is operative to sends signals to the engine to vary a speed of the engine ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212 such that an increase of speed in output using PTO to main motor would increase RPM)
REED discloses the RPM limitations from the rejection in claim 8
to vary a speed of the engine between the first RPM, the second RPM and a third RPM, the third RPM higher than the second RPM. ( para. 0032 - rpm)
Regarding Claim 10
BACHA / REED discloses claim 8
BACHA discloses
wherein the controller is operative to vary the speed of the engine in response to a signal form a remote control. ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212 such that an increase of speed in output using PTO to main motor would increase RPM, para. 0029 – wireless remote control)
Regarding Claim 11
BACHA / REED discloses claim 10
BACHA discloses
wherein the controller is operative to vary a speed of the engine ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212 such that an increase of speed in output using PTO to main motor would increase RPM)
REED discloses the RPM limitations from the rejection in claim 10
to vary a speed of the engine between the first RPM, the second RPM and a third RPM, the third RPM higher than the second RPM. ( para. 0032 - rpm)
Regarding Claim 12
BACHA / REED discloses claim 8
BACHA discloses
further comprising a wireless operative to receive signals from a wireless remote control, the controller operative to, in response to receiving signals form the wireless remote control, send signal so the engine to vary the speed ( para. 0050 and 0051 – where in the engine is the primary source of power and that drives the hydraulic pump 232. The valves change the output of flow of fluid via the control signal 212 such that an increase of speed in output using PTO to main motor would increase RPM, para. 0029 – wireless remote control)
REED discloses the RPM limitations from the rejection in claim 8
to vary a speed of the engine between the first RPM, the second RPM and a third RPM, the third RPM higher than the second RPM. ( para. 0032 - rpm)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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, Chris Sebesta can be reached on 5712720547. 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.
/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
