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 .
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.
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on April 18th, 2023.
Allowable Subject Matter
Claims 2 & 7-10 are 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.
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.
Claims 1, 3-6 & 11-12 & 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toby A. Frelich et al. (US 2022/0380989), herein referred to as Frelich.
Regarding Claim 1: Frelich teaches a screed assembly for a road paver, comprising:
a main screed (see paragraph 0022 and fig. 2, element 132) with a main screed plate (136) for contact with paving material; and a secondary screed with a screed plate carrier (see paragraph 0022 and fig. 2, element 134-screed extension) and a secondary screed plate (144-extension plate) for contact with the paving material; wherein the secondary screed plate (144) is attached to the screed plate carrier so as to be tiltable about a tilting axis (see paragraph 0028 and Fig. 4); wherein the screed assembly comprises a height adjustment device (see paragraphs 0068/75 and Fig. 2, elements 140-Height Actuator, 174-Controller and 172/180/182/184-Sensors) configured to lower or raise the screed plate carrier relative to the main screed; wherein the screed assembly comprises a tilting device configured to change a tilting angle of the secondary screed plate about the tilting axis (see paragraphs 0029/30).
Frelich further teaches (see paragraphs 0026/27/43/45 and Figs. 2 & 4) wherein the screed assembly comprises a tilting device configured to change a tilting angle of the secondary screed plate about the tilting axis (element C- which is parallel in direction to the paving path); and wherein the height adjustment device (elements 140-Height Actuator, 174-Controller and 172/180/182/184-Sensors) and the tilting device (140) are functionally coupled such that when the tilting angle (ϕ-slope or angle) of the secondary screed plate about the tilting axis (C) is changed by the tilting device, the height adjustment device (see paragraphs 0068/75) is automatically actuated to lower or raise the screed plate carrier relative to the main screed. Frelich continues to teach wherein the height and tilt adjustment can be either automatic or manual depending on the embodiment. The system and method can include a visual, non-contact smart sensor, smart camera, lidar or similar device that monitors the mat created by the screed.
Regarding Claim 3: Frelich teaches the screed of claim 1. Frelich further teaches (see paragraphs 0045/56/58) wherein the controller (174) can be operably connected to the sensors (172, the angle of attack sensor(s) (184), the frame inclinometer (180), the powered height actuators (140) and the screed inclinometer (182). The controller (174) can receive data from the foregoing sensors (including the inclinometers), process the data, and send control signaling to the various actuators to control corresponding portions of the screed assembly (118) based on the processed data. According to one or more embodiments, the control signaling from the controller (174) can control the tilting angle and/or height of each screed extension (134). Thus, the control loop allows the controller (174) to continuously increase/lower the height and increase/decrease the tilt angle of the secondary screed plate(s) in relation to the main screed plate in real time during paving work.
Regarding Claim 4: Frelich teaches the screed of claim 1. Frelich further teaches (see paragraphs 0045/56/58) wherein the controller (174) can be operably connected to the sensors (172, the angle of attack sensor(s) (184), the frame inclinometer (180), the powered height actuators (140) and the screed inclinometer (182). The controller (174) can receive data from the foregoing sensors (including the inclinometers), process the data, and send control signaling to the various actuators to control corresponding portions of the screed assembly (118) based on the processed data. According to one or more embodiments, the control signaling from the controller (174) can control the tilting angle and/or height of each screed extension (134). Thus, the control loop allows the controller (174) to continuously increase/lower the height and increase/decrease the tilt angle of the secondary screed plate(s) in relation to the main screed plate in real time during paving work.
Regarding Claim 5: Frelich teaches the screed device of claim 1. Frelich further teaches (see Fig. 2, elements 144-extension plate) wherein an area of the secondary screed plate located at a rear in a paving direction is mounted on the tilting axis.
Regarding Claim 6: Frelich teaches the screed device of claim 1. Frelich further teaches (see paragraph 0026 and Fig. 2) wherein the tilting device (140) is configured to raise or lower an end of the secondary screed plate (144) opposite the tilting axis (element C- which is parallel in direction to the paving path) for changing the tilting angle of the secondary screed plate relative to the screed plate carrier (134).
Regarding Claim 11: Frelich teaches the screed device of claim 1. Frelich further teaches (see paragraphs 0018/21/22 and Fig. 2) wherein the screed assembly comprises a drive (114-Engine, 116-Generator & 130-Tow Bar actuators) configured to lower or raise the screed plate carrier relative to the main screed.
Regarding Claim 12: Frelich teaches the machine of claim 11. Frelich further discloses (see paragraph 0018) a power supply that is supplied by the engine (114) that is coupled to a generator (116) that can be used to power various systems on the paving machine (100). Frelich does not expressly specify that the actuators (138-width & 140-height) are powered by the engine (114) and generator (116).
However, it would have been obvious for the engine to act as the power supply given that Frelich further discloses only generic electrical power and expressly discloses that the engine/generator can be used to supply power to power various systems on the paving machine (100). Doing so merely constitutes the use of a known power supply within the system.
Regarding Claim 14: Frelich teaches the screed device of claim 1. Frelich further teaches (see paragraphs 0026/31 and Fig. 2) wherein the tilting device (140) is configured to raise or lower an end of the secondary screed plate (144) opposite the tilting axis (element C- which is parallel in direction to the paving path) for changing the tilting angle of the secondary screed plate relative to the screed plate carrier (134). Frelich further teaches wherein (see paragraph 0031) the secondary screed plate can have the angle of attack maintained, increased, or decreased without changing the height of the screed plate.
Regarding Claim 15: Frelich teaches the screed device of claim 1. Frelich further teaches (see paragraphs 0018/19/21 and Fig. 1) a road paver comprising a hopper (122) located at a front of the tow vehicle (102) in a paving direction (C) for receiving paving material, and a screed assembly (118) attached to the rear of tow vehicle (102) by a pair of tow arms (130).
Claim 13 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toby A. Frelich et al. (US 2022/0380989) herein referred to as Frelich in view of Dale M. Olson (CN 1743552) herein referred to as Olson.
Regarding Claim 13: Examiner notes, all citations for are taken from the provided translated copy. Frelich teaches the screed device of claims 1, 11 & 12. Frelich further teaches (see paragraphs 0006/31) wherein the drive is configured to adjust the height and/or an angle of attack of an extension plate of the screed extension.
Frelich does not implicitly teach that the power system can comprise a gear drive which inherently comprises various gear ratios.
However, Olson does teach wherein a ratio between two synchronized components and quoted herein, "Additionally, some are connected to each other. For example, conveyor speed and the rotary drill speed can be connected to make the ratio between two speed remains the same (e.g., transmission speed can be always kept is half of the rotary drill speed). the ratio also can be adjusted by the operator. the scraper and the rotary drill is also can be the same with each other.
These settings can be directly connected to the input device 74. For example, the user interface 52 may include a dial type input device, so as to adjust the setting of the transmission speed. Alternatively, these settings in addition can be directly connected to the input device 74. For example, the user interface 52 can include an input dial, in particular for setting a required output stack paver such as function of height. by selecting a specific stack height, conveyor speed can be automatically set to a value, at a given current speed of the paver, the value can generate the stack height."
As a result of the teachings of Olson, the use of specific gear speeds would constitute a results effective variable as it relates to controlling for the rotary drill (28-Paving material dispensing auger) and hopper material conveyor (54) of a ground engaging element. It has been held that routine optimization of a results effective variable is an obvious determination in order to reach a workable product or process (MPEP 2144.05).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. EP 1239082 to Roland Grundl, relates to an asphalt paving screed wherein the screed plates are adjustable in height and slope. DE 602004009416 to Christopher Rahn, also relates to asphalt paving screed wherein the screed plates are adjustable in height and slope. DE 102022126012 to Conwell K. Rife Jr. relates to an electric powered asphalt paving screed wherein the screed plates are adjustable in height and slope.
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/KALPIT CHANDRAKANT PATEL/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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