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 Objections
Claims 21, 28, 29, 31, 34 and 40 are objected to because of the following informalities:
(claim 21, line 2) “which” should be changed to “the grab device”.
(claim 21, line 7) “an actuating cable” should be changed to “the actuating cable”, since this limitation was already recited in line 6.
(claim 21, lines 11-12) “wherein the carriage device has an undercarriage and an upper carriage, which is mounted thereon” should be changed to “wherein the carriage device has an undercarriage and an upper carriage, which is mounted on the undercarriage”.
(claim 28, line 2) “which” should be changed to “the grab device”.
(claim 28, line 7) “an actuating cable” should be changed to “the actuating cable”, since this limitation was already recited in line 6.
(claim 29, line 3) “it” should be changed to “the grab device”.
(claim 31, line 1) “The grab device according to claim 28” should be changed to “The grab device according to claim 30” to provide proper antecedent basis for the limitation “the first cable force”.
(claim 31, lines 4-5) “the cable force” should be changed to “the second cable force”.
(claim 31, line 5) “each another” should be changed to “each other”.
(claim 34, line 1) “The grab device according to claim 21” should be changed to “The grab device according to claim 28”.
(claim 40, lines 3-4) “this degree” should be changed to “the degree”.
(claim 40, line 4) “the operator” should be changed to “an operator”.
Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. Claim 21 is written as a method claim, but does not positively recite any method steps. Rather, the claim language presents an apparatus with a wherein clause followed by steps which are not positively recited. Clarification is needed.
Regarding claim 28, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 34, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 37, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 22-27, 29-33, 35, 36 and 38-40 are rejected for being dependent upon a rejected base claim.
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.
Claims 21-34 and 36-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsubara et al. (JP 2001064993).
As concerns claim 21, Matsubara shows a method for operating a grab device comprising a carrier device (1) and a cable grab (3) arranged thereon, which comprises a grab frame (frame associated with grab bucket 3), which is held by a retaining cable (W1) on the carrier device, at least two grab buckets (buckets of grab bucket 3), which are mounted on a lower end of the grab frame, so as to be able to swivel between a closed position and an open position, and an actuating device (Fig.1: pulley seen on grab bucket 3) with an actuating cable (W2) for swiveling the grab buckets, wherein an actuating cable (W2) is guided from the carrier device to the actuating device, and the carrier device has a driven first cable winch (D1) for the retaining cable and a driven second cable winch (D2) for the actuating cable, wherein the carrier device has an undercarriage and an upper carriage (Fig. 1), which is mounted thereon for rotation about a vertical axis and has a cantilever arm (2) on which the cable grab is vertically adjustably mounted, wherein in a removal step, in order to form a trench in the ground, the cable grab is lowered into the ground by the retaining cable with the grab buckets open, the grab buckets are closed to remove and collect soil material, the cable grab is pulled out of the ground by the retaining cable and/or the actuating cable and is swiveled into an emptying position, in which the grab buckets are opened to discharge the collected soil material, by rotating the upper carriage, and then the cable grab is moved back into the ground trench to repeat the removal step, wherein a control device is provided with which a rotation of the upper carriage to the emptying position and an opening and closing of the grab buckets to discharge the soil material and/or a rotation of the upper carriage from the emptying position back to the ground trench are controlled automatically (paragraph 0031 & 0034-0037).
As concerns claim 22, Matsubara shows wherein the control device opens the grab buckets while the cable grab is still oscillating, as a consequence of the rotation of the upper carriage (paragraph 0031 & 0034-0037).
As concerns claim 23, Matsubara shows wherein an introduction of the cable grab into the ground trench and/or a retraction of the cable grab out of the ground trench is controlled automatically by the control device (paragraph 0031 & 0034-0037).
As concerns claim 24, Matsubara shows wherein the control device is connected to and controls the first cable winch and the second cable winch (paragraph 0031 & 0034-0037).
As concerns claim 25, Matsubara shows wherein a sensor device is provided with which an oscillating movement of the cable grab during rotation of the upper carriage is detected (paragraph 0031 & 0034-0037).
As concerns claim 26, Matsubara shows wherein the grab buckets are opened by the control device at the position at a time when the oscillating cable grab is still in a position deflected out of the vertical position (paragraph 0031 & 0034-0037).
As concerns claim 27, Matsubara shows wherein the oscillating cable grab is introduced by the control device into the ground trench, wherein the oscillating movement is damped by contact with the ground (paragraph 0031 & 0034-0037).
As concerns claim 28, Matsubara shows a grab device comprising a carrier device (1) and a cable grab (3) arranged thereon, which comprises a grab frame (frame associated with grab bucket 3), which is held by a retaining cable (W1) on the carrier device, at least two grab buckets (buckets of grab bucket 3), which are mounted on a lower end of the grab frame, so as to be able to swivel between a closed position and an open position, and an actuating device (Fig.1: pulley seen on grab bucket 3) with an actuating cable (W2) for swiveling the grab buckets, wherein an actuating cable (W2) is guided from the carrier device to the actuating device, and the carrier device has a driven first cable winch (D1) for the retaining cable and a driven second cable winch (D2) for the actuating cable, wherein the carrier device has an undercarriage and an upper carriage (Fig. 1), which is mounted thereon for rotation about a vertical axis and has a cantilever arm (2) on which the cable grab is vertically adjustably suspended, wherein a control device is provided, which is designed to automatically control a rotation of the upper carriage to an emptying position and an opening and closing of the grab buckets to discharge soil material and/or a rotation of the upper carriage from the emptying position back to the ground trench, wherein an opening and closing of the grab buckets preferably takes place automatically (paragraph 0031 & 0034-0037).
As concerns claim 29, Matsubara shows wherein it is designed to carry out the method according to claim 21 (paragraph 0031 & 0034-0037).
As concerns claim 30, Matsubara shows wherein a first detection device (4) for detecting a first cable force on the retaining cable and a second detection device (5) for detecting a second cable force on the actuating cable are provided, the control device is connected to the first detection device, the second detection device, the first cable winch and the second cable winch and is designed to control the first cable winch and/or the second cable winch in accordance with a control program specification, depending on the detected first cable force on the retaining cable and the detected second cable force on the actuating cable (paragraph 0031 & 0034-0037).
As concerns claim 31, Matsubara shows wherein the control device is designed with a compensation mode in which the cable winches are controlled in such a way that the first cable force on the retaining cable and the cable force on the actuating cable are matched to each another (paragraph 0031 & 0034-0037).
As concerns claim 32, Matsubara shows wherein the control device is designed with a rotation mode in which the cable winches are controlled in such a way that a deliberate rotation of the cable grab around a vertical longitudinal axis can be generated (paragraph 0031 & 0034-0037).
As concerns claim 33, Matsubara shows wherein at least one third detection device (8) for detecting a rotational position of the cable grab and/or a change in the rotational position is provided.
As concerns claim 34, Matsubara shows wherein at least one further detection device (7) is provided.
As concerns claim 36, Matsubara shows wherein the control device is designed with a mode for opening and/or closing the grab buckets at a predefined height (paragraph 0031 & 0034-0037).
As concerns claim 37, Matsubara shows wherein the cable grab can be held freely suspended from the actuating cable and retaining cable, with closed grab buckets, wherein the cable force in the actuating cable and retaining cable is approximately the same (paragraph 0031 & 0034-0037).
As concerns claim 38, Matsubara shows wherein the cable grab can be held freely suspended from the actuating cable and retaining cable, with open grab buckets, wherein the cable force in the retaining cable corresponds to almost the entire grab weight and the cable force in the actuating cable is in the range from appropriately approximately 1 t to 2 t (paragraph 0031 & 0034-0037).
As concerns claim 39, Matsubara shows wherein the control device is designed with a mode for automatically opening the grab buckets and closing them immediately afterwards (paragraph 0031 & 0034-0037).
As concerns claim 40, Matsubara shows wherein the degree of opening of the grab buckets can be detected by the control device (paragraph; 0014) and this degree is displayed to an operator (Fig. 2).
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 35 is rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. alone.
As concerns claim 35, Matsubara shows wherein the retaining cable on the first cable winch has a first lay direction which is the same as a second lay direction of the actuating cable on the second cable winch (Fig. 1). Matsubara discloses the claimed invention except for wherein the retaining cable on the first cable winch has a first lay direction which is opposite to a second lay direction of the actuating cable on the second cable winch. It would have been an obvious matter of design choice to have wound the retaining cable on the first cable winch in an opposite lay direction from that of the actuating cable being wound on the second cable winch, as Applicant has not disclosed that it solves any stated problem of the prior art or is for any particular purpose other than being an alternative to winding the retaining cable on the first cable winch in the same lay direction as the actuating cable is wound on the second cable winch. Furthermore, one of ordinary skill in the art would have expected the invention to perform equally well with the retaining cable being wound on the first cable winch in the same lay direction as the actuating cable is wound on the second cable winch because the grab device would still have been capable of being controlled in order to form a trench in the ground. Thus, one of ordinary skill in the art would have recognized that winding the retaining cable on the first cable winch in a first lay direction which is opposite to a second lay direction of the actuating cable being wound on the second cable winch would have provided predictable results and a reasonable expectation of success. Therefore, it would have been obvious to modify Matsubara to obtain the invention as specified in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3672