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 .
Claims 1-20 are pending
Claims 1-2 have been amended
Claims 3-20 are new
Allowable Subject Matter
Claims 1-9 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Applicants arguments that Micheletti teaches calculating a time durationfor which a spray is activated based on a speed of the vehicle. Micheletti, 4-5. That is, Micheletti does not received a second signal indicating a time duration of a travel speed of the vehicle. Further, Micheletti uses the time duration to activate a spray device, therefore controlling the speed of the spray device to a higher speed or a working speed, and that is opposite of the recited "controlling ... the speed of the vacuum generator to a second speed less than the first speed," where the first speed is a work mode of the vacuum generator is found convincing. Therefore, Amendments made to claim 1 have overcome the 103 rejection of claim 1. Further, applicants’ amendments have modified the subject matter of claim 1 from general abstract idea to specific control signals and actions taken based on the signals, which has overcome the 101 rejections. The prior art does not teach or render obvious receiving, at a control system, a first signal from a sensor indicating a travel speed of the material collection system; receiving, at the control system, a second signal from a timer indicating a time duration of the first signal; generating, at the control system, a third signal indicating the vacuum generator is not in the work mode based on the first signal and the second signal; and controlling, by the control system, the speed of the vacuum generator to a second speed less than the first speed based on the third signal as in the context of claim 1. New claims 3-9 depend from claim 1 and are therefore allowed for the same reason.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Calloway et al. US11,035,089 (US’089) in view of McClay et al. US 2023/0414052 (US’052).
Regarding claim 10, US’089 teaches a method for operating a material collection system, comprising: operating a vacuum generator at a first speed (vacuum generator of the material collection system is operated at a lower idle speed when not collecting or at an operating speed when collecting, col. 2-4, see fig. 1 and 8), to develop an airflow to draw material into a material inlet of a conduit, the first speed being a work mode of the vacuum generator (col. 2-4, see fig. 1-2 the vacuum generator develops an airflow to draw material into a material inlet); receiving, at a control system, a first signal from a speed sensor indicating a travel speed of the material collection system; (the control system can detect a motive speed of the vehicle, col. 13); generating, at the control system, a third signal indicating the vacuum generator is not in the work mode based on the first signal; and decreasing, by the control system, the speed of the vacuum generator to a second speed based on the third signal (control system 300 can additionally detect a motive speed of vehicle 10 that can indicate when material collection system 10 and/or vehicle 20 are not at the pickup site. The speed of vacuum generator 232 can be reduced accordingly, col. 13).
US’089 does not teach receiving, receiving, at the control system, a second signal from a material sensor indicating an amount of material present around the material collection system, the third signal is also based on the second signal.
US’052 teaches a surface treatment apparatus may include a surface cleaning head having an agitator, an agitator motor configured to cause the agitator to rotate, a suction motor configured to cause debris to be drawn from a surface to be treated, a debris sensor configured to generate a signal indicative of an amount of debris in a dirty air path, a user interface (UI), and a controller. The controller can be configured to receive the signal indicative of the amount of the debris in the dirty air path, adjust a rotation speed of at least one of the suction motor or the agitator motor, and adjust the UI based on the rotation speed of at least one of the suction motor or the agitator motor (abstract). when less debris is detected, the rotational speed of the suction motor and the agitator motor are decreased accordingly. The controller 120 is configured to adjust the rotational speed of the suction motor 108, the agitator motor 126, or both, by, for example, varying the electrical current provided to the suction motor 108 and the agitator motor 126 by a power source based on the amount of debris detected by the debris sensor 124 (para. 9-17, 26-30). Therefore, US’052 teaches that the power consumption of the vacuum can be based on the amount of debris in the environment by modifying the speed of the vacuum generator. The method of US’089 can be modified based on the teaches of US’052 to conserve power with environmental debris sensors that feed sensor data to a controller to change the speed of the vacuum.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of US’052 to include receiving, at the control system, a second signal from a material sensor indicating an amount of material present around the material collection system, the third signal based on the second signal because US’052 teaches the method of US’089 can be modified based on the teaches of US’052 to conserve power with environmental debris sensors that feed sensor data to a controller to change the speed of the vacuum and applying a known technique to a known method ready for improvement to yield predictable results is obvious, see MPEP 2141 III (D).
Regarding claim 11, the modified method of US’089 teaches the method of operating a material collection system of claim 10. The modified method of US’089 further teaches wherein the second signal is received only when the first signal indicates the travel speed is less than a first threshold (the modified method of US’089 includes sensing debris amount during operation of the cleaning and that when the vehicle is moving at a higher speed, it is an indication that collection is not being performed and to idle the vacuum generator, as discussed above. Therefore, the debris sensing/second signal would only be performed when the vacuum generator is not idle which would be at a lower travel speed).
Regarding claim 12, the modified method of US’089 teaches the method of operating a material collection system of claim 11. The modified method of US’089 further teaches wherein the third signal indicating the vacuum generator is not in the work mode is generated when the second signal indicates the amount of material present around the material collection system is at a second threshold (as discussed above, the modified method includes a debris sensor that indicates how to control the vacuum generator based on the amount of debris, if the amount of debris detected is zero, then the signal would indicate that the vacuum should not be in a working mode).
Regarding claim 13, the modified method of US’089 teaches the method of operating a material collection system of claim 10. The modified method of US’089 further teaches wherein the second speed is an idle speed of the vacuum generator (the speed of vacuum generator 232 can be reduced according to the vehicle speed and run at an idle speed, as discussed above).
Claim(s) 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Calloway et al. US11,035,089 (US’089) in view of Tani US 2005/0234595 (US’595).
Regarding claim 14, US’089 teaches a method for operating a material collection system, comprising: operating a vacuum generator at a first speed (vacuum generator of the material collection system is operated at a lower idle speed when not collecting or at an operating speed when collecting, col. 2-4, see fig. 1 and 8), to develop an airflow to draw material into a material inlet of a conduit, the first speed being a work mode of the vacuum generator (col. 2-4, see fig. 1-2 the vacuum generator develops an airflow to draw material into a material inlet); receiving, at a control system, a first signal from a location sensor indicating a location of the material collection system (vehicle location is collected with Global Positioning System (GPS) receivers to indicate when a material collection operation has ended or when the collection vehicle is approaching a pick-up site and used the data to control the speed of vacuum, col. 8 and 13); generating, at the control system, a third signal indicating the vacuum generator is not in the work mode based on the first signal; and decreasing, by the control system, the speed of the vacuum generator to a second speed based on the third signal (the control system uses Global Positioning System (GPS) data to indicate when a material collection operation has ended or when the collection vehicle is approaching a pick-up site and use the data to control the speed of vacuum to be in an operating mode or a idle mode, col. 8 and 13-14 and 16-18).
US’089 does not teach receiving, at the control system, a second signal from an energy sensor indicating a remaining energy of the material collection system; the third signal is also based on the second signal.
US’595 teaches in a cleaner, it is determined whether or not a remaining volume of a battery is equal to or more than a sum of a battery volume required for returning to a position of a battery charger and a predetermined allowance value (abstract). Control unit 10 includes a position/direction identifying section 41 (para. 33). Traveling control section 44 controls motor control unit 51 based on the present position identified by position/direction identifying section 41 and the map information stored in map information storing section 28. Determining section 46 calculates a battery volume (voltage value) required for cleaner 1 to return to the position of battery charger 9 in accordance with the traveling path calculated by traveling path calculating section 45 and compares the calculated battery volume to a remaining volume (voltage value) of battery 30 detected by remaining volume detecting unit 31 to thereby determine whether or not cleaner 1 is allowed to travel back to the position of battery charger 9. More specifically, determining section 46 renders the decision that cleaner 1 travels to return to battery charger 9 when the remaining volume of the of battery 30 falls below a sum of the battery volume required for returning to the position of battery charger 9 and a predetermined allowance volume (para. 40-56). The present invention has been implemented in order to deal with the foregoing disadvantage, and an object thereof is to enable a self-propelled cleaner to unfailingly return to a charging stand even when the remaining volume of a battery is lessened to some extent (para. 4-6, see fig. 4). Therefore, US’595 teaches that a cleaning device can use position data, routing information and onboard energy levels to determine if a cleaning vehicle needs to return to an energy source to recharge/refuel based on the path it must take to the energy source to reliably return to a recharge/refuel location. The signal of US’595 reads on the recited second signal and would initial a return of the vehicle to a recharging or refueling station, idling the vacuum of US’089 due to the redirection of the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of US’052 to include receiving, at the control system, a second signal from an energy sensor indicating a remaining energy of the material collection system; the third signal is also based on the second signal because US’595 teaches the method of US’089 can be modified based on the teaches of US’595 to reliably return the vehicle to a recharging/refueling location and applying a known technique to a known method ready for improvement to yield predictable results is obvious, see MPEP 2141 III (D).
Regarding claim 15, the modified method of US’089 teaches the method of operating a material collection system of claim 14. The modified method of US’089 further teaches wherein the second speed is an idle speed of the vacuum generator (the speed of vacuum generator 232 can be reduced according to the vehicle location and direction of travel and run at an idle speed, as discussed above).
Regarding claim 16, the modified method of US’089 teaches the method of operating a material collection system of claim 14. The modified method of US’089 further teaches determining a distance from the location of the material collection system to a base location corresponding to a fuel refill or a battery recharge spot for the material collection system (US’595 teaches a shortest path to battery charger is selected as a result of referencing map information storing section 28 and/or a traveling path along a forward direction, para. 59).
Regarding claim 17, the modified method of US’089 teaches the method of operating a material collection system of claim 16.
The modified method of US’089 does not teach wherein when the material collection system has multiple base locations, the distance is the shortest distance from the location of the material collection system to any of one of the base locations.
However, US’595 teaches optimizing the return path of the cleaner to optimize power consumption (para. 59) and US’089 teaches that the vehicle is a road vehicle, and therefore would have access to multiple fueling charging stations available on the road. As a result, it would be obvious to one of ordinary skill in the art to select from any closes base charging/fueling location for the purpose of optimizing power consumption.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method of US’052 to include wherein when the material collection system has multiple base locations, the distance is the shortest distance from the location of the material collection system to any of one of the base locations because US’595 teaches optimizing the return path of the cleaner to optimize power consumption.
Regarding claim 18, the modified method of US’089 teaches the method of operating a material collection system of claim 16. The modified method of US’089 further teaches further comprising determining a mileage left to be traveled by the material collection system based on the remaining energy of the material collection system (US’595 teaches position information, map information and distance information are used to determine how to return the vehicle to a charging station based on the remaining energy, as discussed above, par, 4-6 and 40-56, see fig. 4 and 9, therefore the modified method of US’089 would include mileage left to be traveled/distance to be traveled use to determine when to return the vehicle to be recharged/refueled based on the remaining energy)
Regarding claim 19, the modified method of US’089 teaches the method of operating a material collection system of claim 18. The modified method of US’089 further teaches wherein the remaining energy of the material collection system is a fuel level or a battery percentage (US’089 teaches consumption of fuel/energy can lead to a need to refuel or charge and to service the engine, col 4, therefore the modified method of US’089 would measure the remaining fuel of charge of the vehicle).
Regarding claim 20, the modified method of US’089 teaches the method of operating a material collection system of claim 18. The modified method of US’089 further teaches wherein the third signal indicating the vacuum generator is not in the work mode is generated when the distance from the location of the material collection system to a base location is greater than the mileage left to be traveled by the material collection system (As discussed above, US’595 teaches when the distance from the cleaner to the based location, or required return energy, exceeds the distance left to be traveled, or remaining operating energy required for completing the designated path, the cleaner is prompted to return to the charging location).
Response to Amendment
Applicants’ amendments to claim 1 has overcome the prior art and 101 rejections. New claims 10-20 are rejected as obvious over US’089 in view of US’052, with regard to claims 10-13 and US’089 in view of US’595 with regard to claims 14-20.
Response to Arguments
Applicants’ arguments with regard to amendments made to claim 1 have overcome the applied prior art and 101 rejections, as a result the 101 and 103 rejection of claims 1-2 are withdrawn. A new search has been conducted based on the newly fielded claims 10-20 which presents subject matter not previously presented in the claims. As a result, the above 103 rejection is applied to claims 10-20.
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 ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713