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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/14/2024 is being considered.
Specification
The attempt to incorporate subject matter into this application by reference to PCT/NL2022/050712 is ineffective because the incorporation by reference was filed after the PCT date of 12/9/2022, which considered the filing date of the US application. As such, the incorporation by reference statement must be removed, as it introduces new matter by being filed after the filing date of the application.
See MPEP 608.01(p) I B: For the incorporation by reference to be effective as a proper safeguard, the incorporation by reference statement must be filed at the time of filing of the later-filed application. An incorporation by reference statement added after an application s filing date is not effective because no new matter can be added to an application after its filing date and
MPEP 1893.03(b): An international application designating the U.S. has two stages (international and national) with the filing date being the same in both stages. Often the date of entry into the national stage is confused with the filing date. It should be borne in mind that the filing date of the international stage application is also the filing date for the national stage application. Specifically, 35 U.S.C. 363 provides that An international application designating the United States shall have the effect, from its international filing date under Article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office as well as:
PCT Article 11(3) - ...an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State.
The specification amendment filed 6/14/2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: the incorporation by reference to NL2030142 and PCT/NL2022/050712.
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5 should read “5. The cleaning machine according to claim 1, wherein suction is decreased in the case of low density objects by 1-20 kPa, and wherein the suction is increased in case of the high density objects by −1 to −20 kPa.”
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.
Claim 20 is 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 20 contains the limitation ” adapting for difficult image situations”. It is unclear what is considered a difficult image situation. As such the claim is determined to be indefinite. For Examination purposes if the art is capable of processing a image, it meets the limitations of the claim.
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.
Claims 1-4, 8-13, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tagliaferri (US 2022/0120047) in view of Suvarna (US 10,918,252).
Regarding claim 1, Tagliaferri discloses a cleaning machine for at least one selected of a rod, a pavement, and a gutter, comprising
a vehicle (Item 1), the vehicle comprising a suction system for up-taking debris and dirt from a suction point, a container for receiving dirt and debris (Figure 1), and at least one broom system, wherein brooms are adapted to sweep debris and dirt to a suction point (Item 30),
at least one camera (Item 40) providing images, pattern recognition software adapted to process the images, wherein the pattern recognition software is configured to identify physical characteristics of debris and dirt to be up taken by the suction point, and
at least one controller for operating said broom system (Paragraph 68),
characterized in that
the at least one controller is configured to at least one of increase section and decrease suction, by controlling said fan in view of the physical characteristics of debris and dirt to be up taken by the suction point, wherein suction is decreased in case of low density objects, and wherein the suction is increased in case of high density objects.
Tagliaferri fails to explicitly disclose connected to the suction point a suction tube, at the other end of the suction tube a container for receiving dirt and debris, and a fan for providing suction, and at least one broom system, wherein brooms are adapted to sweep debris and dirt to a suction point AND wherein suction is decreased in case of low density objects, and wherein the suction is increased in case of high density objects.
Suvarna teaches a cleaning machine wherein a suction tube (Item 708), at the other end of the suction tube a container for receiving dirt and debris (Item 710), and a fan for providing suction (Item 714), and at least one broom system, wherein brooms are adapted to sweep debris and dirt to a suction point AND wherein suction is decreased in case of low density objects, and wherein the suction is increased in case of high density objects (Column 11 Lines 11- Column 13 Line 50). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tagliaferri to include a suction system that can vary the amount of suction based on the senor data and other stored parameters as taught by Suvarna. Such a modification would allow an area to be more efficiently cleaned and reduce the amount of power wasted (Suvarna Column 13 Lines 40-50)
Regarding claim 2, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, comprising a pavement track system comprising a 3D camera providing 3D-images, pattern recognition software adapted to process the 3D-images (Tagliaferri Paragraph 62), wherein the pattern recognition software identifies a side of the road, and wherein the pattern recognition software measures a distance from the vehicle to the side of the road (Paragraph 60), and
wherein the at least one controller is adapted to move the broom-system sideways with respect to the vehicle such that a distance between the broom system and side of the road is controlled (Figure 2 and Paragraph 79).
Regarding claim 3, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, wherein
brooms are adapted to move with respect to the cleaning-machine in at least one of a horizontal direction and a vertical direction, and
wherein the at least one controller is adapted to move the broom-system sideways with respect to the vehicle such that a distance between the broom system and side of the road is controlled ( Tagliaferri Figure 2 and Paragraph 79).
Regarding claim 4, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, wherein the physical characteristics of debris and dirt to be up taken are selected from at least one of size, volume, chemical species, weight, humidity and moisture content, density, color, and combinations thereof (Tagliaferri Paragraph 35 and 58) .
Regarding claim 8, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, wherein the controller is adapted to move the vehicle sideways such that a distance between the broom system and side of the road is controlled (Tagliaferri Paragraph 74).
Regarding claim 9, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, wherein
the controller adapts the distance in view of broom wear (Tagliaferri Paragraph 105).
Regarding claim 10, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, further comprising a second broom system (Figure 1 shows multiple brooms).
Regarding claim 11, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, wherein the software adapts for contrast and wherein the software adapts for shadow effects, and wherein the software is trained for recognizing the pavement (Tagliaferri Paragraph 74-82).
Regarding claim 12, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, adapted to be steered by an operator or driver (Paragraph 39).
Regarding claim 13, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 11, wherein the software is adapted to validate a position of the rising edge, and wherein the rising edged is validated on at least two consecutive 3D-images, and combinations thereof (Tagliaferri Paragraph 74-82).
Regarding claim 17, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, wherein an orientation of the 3D-camera is adaptable, and adaptable to be in a height position providing images of the side of the road (Tagliaferri Paragraph 60-65).
Regarding claim 18, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1, wherein the cleaning machine comprises at least one ventilation opening, and an outlet (Tagliaferri Figure 1)
and further comprising a display (Tagliaferri Paragraph 81).
Regarding claim 19, Tagliaferri in view of Suvarna disclose the computer program, when loaded and executed on a computer, comprising instructions for operating the cleaning machine according to claim 1, the instructions causing the computer to carry out the following steps:
loading images paragraph 67,
processing the images with pattern recognition software, wherein the pattern recognition software is configured to identify physical characteristics of debris and dirt to be up taken by the suction point (Paragraph 69-71),
obtaining said physical characteristics, and
at least one of increasing suction, and decreasing suction by controlling said fan in view of the physical characteristics of debris and dirt to be up taken by the suction point (Paragraph 76).
Regarding claim 20 (as best understood), Tagliaferri in view of Suvarna disclose the computer program according to claim 19, further comprising instructions for
compensating for broom-wear (Paragraph 77 and 101-103), and
.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Tagliaferri (US 2022/0120047) in view of Suvarna (US 10,918,252) in view of Richards (US 2009/0260177)
Regarding claim 5-6, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1. Tagliaferri fails to explicitly disclose wherein suction is decreased in case of low density objects by 1-20 kPa, and wherein the suction is increased in case of high density objects by −1 to −20 kPa AND wherein the fan is adapted to provide a suction power pressure of −70 kPa to −1 kPa, and wherein the fan is adapted to provide a suction such that debris or dirt is uptaken through the suction tube with a speed of 1-100 m/sec.
Richards teaches a cleaning machine that is capable of at least 344 kPa (50 psi) (Paragraph 32). 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 size of suction motor to be a high powered motor as taught by Richards. Such a modification would ensure the floor is clear of any fluid or debris (Richards Paragraph 5).
When looking to the specific range, Tagliaferri and Suvarna discuss running the suction motor at a lower power than it is capable of to reduce the energy consumed. Richards also discusses this same endeavor in Paragraph 19. To determine the power output of vacuum depends on the type of debris, volume of debris wanting to be collected, diameter of vacuum hose, and many other parameter. Thus, the claimed dimensions are recognized as result effective variable, i.e. a variable in which achieves a recognized result as set forth above. Therefore since the general conditions of the claim (e.g. having the claimed structure as recited above) is disclosed by Tagliaferri it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art at the time when the invention was filed to provide the “suction is decreased in case of low density objects by 1-20 kPa, and wherein the suction is increased in case of high density objects by −1 to −20 kPa AND wherein the fan is adapted to provide a suction power pressure of −70 kPa to −1 kPa, and wherein the fan is adapted to provide a suction such that debris or dirt is uptaken through the suction tube with a speed of 1-100 m/sec.” Further in the instant application Paragraphs 18-20 applicant has not disclosed any criticality for the claimed limitations.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tagliaferri (US 2022/0120047) in view of Suvarna (US 10,918,252) in view of Rittmueller (US 5,737,797)
Regarding claim 7, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1. Tagliaferri fails to explicitly disclose wherein the fan is adapted to reduce noise by 3-20 dB.
Rittmueller teaches a cleaning machine wherein the fan is adapted to reduce noise by 3-20 dB (Column 6 Lines 10-18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tagliaferri to include sound proofing as taught by Rittmueler. Decreasing the noise level allows for people to be able to work around the suction device (Rittmueler Column 1 Lines 28-40, 60- Column 2 Line 3)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tagliaferri (US 2022/0120047) in view of Suvarna (US 10,918,252) in view of Knuth (US 2021/0137339).
Regarding claim 14, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1. Tagliaferri fails to explicitly disclose wherein the control is electronic, and wherein a CAN-bus is used for control.
Knuth teaches a cleaning machine wherein a Can-bus is used as at least part of the controller (Paragraph 27). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the controller to be a canbus type as taught by Knuth. Knuth discusses how the controller type can vary and can bus is just a known type. This leading to the predictable result of the controller working properly.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tagliaferri (US 2022/0120047) in view of Suvarna (US 10,918,252) in view of Parr (WO 1988009848A1)
Regarding claim 15, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1. Tagliaferri fails to explicitly disclose wherein the controller is adapted to be manually over-ride.
Parr teaches a cleaning machine wherein the controller is adapted to be manually over-ride (Page 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tagliaferri to include the manual override as taught by Parr. Such a modification would ensure the cleaning machine does not accidentally come into contact with something that could cause damage.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Tagliaferri (US 2022/0120047) in view of Suvarna (US 10,918,252) in view of Mielenz (US 2022/0112672).
Regarding claim 16, Tagliaferri in view of Suvarna disclose the cleaning machine according to claim 1. Tagliaferri fails to explicitly disclose the controller is adapted to maintain the distance between the broom system and side of the road at a constant value with-in a predetermined limit.
Mielenz teaches a cleaning machine wherein the controller is adapted to maintain the distance between the broom system and side of the road at a constant value with-in a predetermined limit (Paragraph 31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tagliaferri to allow the controller to maintain a set distance from the curb or other obstacle as taught by Mielenz. Such a modification would allow for the vehicle to operate efficiently (Paragraph 23).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOM R RODGERS whose telephone number is (313)446-4849. The examiner can normally be reached Monday thru Friday 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOM RODGERS/Primary Examiner, Art Unit 3723
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