DETAILED ACTION
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 5-7 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.
Regarding claim 5, 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 6-7 depend from claim 5 above and therefore inherit the deficiencies thereof.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1-3, 5-6, 8-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Petzold et al. (US 20040119597 A1).
Claim 1, Petzold discloses a thick matter pump for conveying thick matter (FIG 1; [0021]),
a thick matter distributor boom (14) for distributing the thick matter to be conveyed, wherein the thick matter distributor boom has a boom arrangement comprising at least two boom arms (FIG 1),
a substructure (15) on which the thick matter distributor boom and the thick matter pump are arranged, wherein the substructure comprises a supporting structure (20, 22, 24, 26) for supporting the substructure with at least one horizontally or vertically movable supporting leg, wherein the supporting structure has a stability range with resecuring threshold ([0011]) and with an upper limit defined by a maximum stability parameter, and wherein the at least one supporting leg (26) is able to be resecured,
a receiving unit (30, 32, 34) for receiving at least one item of operating information,
a processing unit (54, 62) for determining a stability parameter of the thick matter conveying system depending on the at least one item of operating information received, and
a control unit (54, 62) outputting a first control signal if the determined stability parameter of the thick matter conveying system lies above the resecuring threshold, wherein the outputting of the first control signal suppresses resecuring of the at least one supporting leg.
Claim 2, Petzold discloses wherein the control unit outputs a second control signal if the determined stability parameter is below the resecuring threshold, wherein the output of the second control signal enables the re-securing of the at least one supporting leg ([0010] - [0011], [0024] - [0028]; claims 4-6).
Claim 3, Petzold discloses wherein the control unit outputs a third control signal if the determined stability parameter is above a switch-off threshold, wherein the output of the third control signal causes a setting of the correct operation of the thick matter distributor boom ([0010] - [0011], [0024] - [0028]; claims 4-6).
Claim 5, wherein the at least one supporting leg is able to be resecured repeatedly ([0022]).
Claim 6, wherein the receiving unit receives operating information indicative of an angle of inclination of the substructure, wherein the processing unit determines a maximum permitted number of resecuring processes as a function of the received operating information indicative of the angle of inclination of the substructure, and wherein the control unit outputs the first control signal if a number of resecuring processes carried out corresponds to the maximum permitted number ([0010] - [0011], [0022] - [0028]; claims 4-6).
Claim 8, Petzold discloses wherein the receiving unit receives operating information which is indicative of one of the following properties:
a horizontal leg force of the at least one supporting leg, and
a vertical leg force of the at least one supporting leg ([0010] - [0011], [0024] - [0028]; claims 4-6).
Claim 9, wherein the receiving unit further comprising:
a sensor unit for detecting operating information (30, 32, 34; [0010] - [0011], [0024] - [0028]; claims 4-6), or
a communication interface (40, 42) for detecting operating information,
Claim 10, Petzold discloses wherein the substructure is arranged on a vehicle (FIG 1).
Claim 11, Petzold discloses a thick matter pump for conveying a thick matter (FIG 1, [0021]),
a thick matter distributor boom (14) for distributing the thick matter to be conveyed, wherein the thick matter distributor boom has a boom arrangement comprising at least two boom arms (FIG 1),
a substructure (15) on which the thick matter distributor boom (18) and the thick matter pump are arranged, wherein the substructure comprises a supporting structure (20, 22, 24, 26)for supporting the substructure with at least one horizontally or vertically movable supporting leg, wherein the supporting structure has a stability range with a resecuring threshold ([0011]) and with an upper limit defined by a maximum stability parameter, and wherein the at least one supporting leg 926) can be resecured, and comprising
a receiving unit (30, 32, 34),
a processing unit (54, 62) and
a control unit (54, 62),
wherein the method comprises the following steps:
receiving, by the receiving unit, at least one item of operating information;
determining, by the processing unit, a stability parameter of the thick matter conveying system as a function of the at least one item of operating information received; and
outputting, by the control unit, a first control signal for suppressing resecuring of the at least one supporting leg if the determined stability parameter of the thick matter conveying system is above the resecuring threshold ([0010] - [0011], [0024] - [0028]; claims 4-6).
Claim 12, Petzold discloses the step: outputting, by the control unit, a second control signal if the determined stability parameter is below the resecuring threshold, wherein the outputting of the second control signal enables the resecuring of the at least one supporting leg ([0010] - [0011], [0024] - [0028]; claims 4-6).
Claim 13, the step: outputting, by the control unit, a third control signal if the determined stability parameter is above a switch-off threshold, wherein the output of the third control signal causes a setting of the correct operation of the thick matter boom ([0010] - [0011], [0024] - [0028]; claims 4-6).
Claim Rejections - 35 USC § 103
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.
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) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Petzold as applied to claim 1 above, and further in view of Lutzeyer et al. (US 20210009388 A1).
Claim 4, Petzold substantially discloses the apparatus as claimed above but is silent on wherein the receiving unit receives operating information indicative of a horizontal and/or vertical position of the at least one supporting leg, and wherein the processing unit determines the resecuring threshold and/or the switch-off threshold as a function of the operating information indicative of the horizontal and/or vertical position of the at least one supporting leg.
Lutzeyer teaches wherein the receiving unit receives operating information ([0035]) indicative of a horizontal or vertical position of the at least one supporting leg, and wherein the processing unit determines the resecuring threshold or the switch-off threshold as a function of the operating information indicative of the horizontal or vertical position of the at least one supporting leg.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Petzold with leg placement as taught by Lutzeyer in order to detect bearing capacity failure of a mobile work machine to prevent injuries and death.
Allowable Subject Matter
Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754