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 1-13 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 claims 1, 9 and 12, 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 2-8, 10-11 and 13 depend from claims 1, 9, 12 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)(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.
Claim(s) 1-5, 7-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muller (WO 2019175400, wherein US 202100710281 will be used as a translation and for citations).
Claim 1, Muller discloses - a thick matter distributor boom (18) for distributing a thick matter to be delivered by means of a thick matter pump (10, 24), said thick matter distributor boom having a boom assembly which comprises at least two boom arms (20.1, 20.2, 20.3),
- a delivery line (not shown in drawings but is present in 20.1-20.3; [0042]) which extends across the boom assembly and comprises a proximal end that can be connected to an outlet of a thick matter pump and a distal end, wherein the distal end of the delivery line transitions into an end hose at a distal end of the boom assembly ([0009]),
- a receiving unit ([0046] – [0048]; [0053]; SB, SN, SZ, SD, SM) for receiving at least one a first piece of operating information item ([0022] – [0024]), at least one a second piece of operating information item ([0046] – [0048]) and at least one a third piece of operating information ([0046]),
- a processing unit ([0010]; claims 19 and 21) for calculating a current load torque ([0008]) on the basis of the received at least one first piece of operating information, for calculating a theoretical load torque ([0034], [0046]) on the basis of the received at least one second piece of operating information and the received at least one third piece of operating information and for determining a differential value ([0035] – [0037]) by which the calculated current load torque is greater than the calculated theoretical load torque, and
- a control unit (abstract; [0045]; [0078]) for outputting a first control signal ([0037] – [0038], [0042]) if the determined differential value is above a first threshold value and/or for outputting a second control signal if the determined differential value is above a second threshold value, wherein the second threshold value is preferably greater than the first threshold value.
Claim 2, Muller discloses wherein the receiving unit is further set up to receive an updated third piece (SB, SN, SZ, SD, SM) of operating information if the determined differential value is above the first or above the second threshold value ([0034], [0078], [0039] – [0042]; FIG 5-8), and wherein the processing unit is arranged to calculating calculates an updated theoretical load torque depending on the second and the updated third received pieces of operating information, wherein the differential value to be determined corresponds to an updated differential value by which the calculated current load torque is greater than the calculated updated theoretical load torque.
Claim 3, Muller discloses wherein the first piece of operating information is indicative of a cylindrical force of a boom joint of a boom arm (SZ), in particular of respective cylindrical forces of boom joints of all boom arms of the boom assembly.
Claim 4, Muller discloses wherein the second piece of operating information is indicative of an inclination angle of a boom arm (SM), in particular of respective inclination angles of all boom arms of the boom assembly.
Claim 5, Muller discloses wherein the third piece of operating information is indicative of one of the following properties: - a density of the thick matter to be delivered ([0046]), - a load on the end hose ([0047]), - a length of the end hose, and - a load weight at a load attachment point ([0047]).
Claim 7, Muller discloses wherein the receiving unit () further comprises: - a sensor unit for recording operating information ([0008]), - a communication interface for recording operating information, or - a user interface for recording operating information (claims 22, 31).
Claim 8, Muller discloses wherein the control unit is further adapted to output a third control signal if the determined differential value is above the second threshold value ([0042]; [0068] – [0069]).
Claim 9, Muller discloses wherein the boom assembly (20) comprises a further boom arm (20.1-20.3), preferably two further boom arms.
Claim 10, Muller discloses - a thick matter pump (10, 16) for delivering a thick matter, and - a substructure (12) on which the thick matter distributor boom (18) and the thick matter pump (10, 16) are arranged.
Claim 11, Muller discloses wherein the substructure (12) is arranged on a vehicle (12).
Claim 12, Muller disclose a thick matter distributor boom (18) for distributing a thick matter to be delivered by a thick matter pump (10, 24), the thick matter distributor boom having a boom assembly which comprises at least two boom arms (20.1-20.3), a delivery line ([0042]) which extends across the boom assembly and comprises a proximal end that can be connected to an outlet of a thick matter pump and a distal end, wherein the distal end of the delivery line transitions into an end hose at a distal end of the boom assembly, and comprising a receiving unit (SB, SN, SZ, SD, SM), a processing unit ([0010]; claims 19 and 21) and a control unit (abstract; [0045]; [0078]), wherein the method comprises the following steps: - receiving, by the receiving unit, at least a first, a second and a third piece of operating information; - calculating, by the processing unit, a current load torque ([0008]) depending on the received at least one first piece of operating information; - calculating, by the processing unit, a theoretical load torque ([0034], [0046]) depending on the received at least one second piece of operating information and the received at least one third piece of operating information ([0046] – [0047]); - determining, by the processing unit, a differential value by which the calculated current load torque is greater than the calculated theoretical load torque; - outputting, by the control unit (abstract; [0045]; [0078]), a first control signal ([0037] – [0038], [0042]) if the determined differential value is above a first threshold value; and/or - outputting, by the control unit, a second control signal if the determined differential value is above a second threshold value, wherein the second threshold value is preferably greater than the first threshold value ([0034], [0078], [0039] – [0042]; FIG 5-8).
Claim 13, Muller discloses - receiving, by the receiving unit (SB, SN, SZ, SD, SM), an updated third piece of operation information if the determined differential value is above the first or above the second threshold value; and - calculating, by the processing unit, an updated theoretical load torque depending on the second and the updated third piece of received operation operating information, wherein the differential value corresponds to an updated differential value by which the calculated current load torque is greater than the calculated updated theoretical load torque.
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.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Muller as applied to claim 1 above, and further in view of Petzold et al (US 20040119597 A1).
Claim 6, Muller substantially discloses the apparatus as claimed above but is silent on wherein the first control signal causes a warning signal to be output.
Petzold teaches wherein the first control signal causes a warning signal to be output ([0008]).
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 Muller with warning signal as taught by Petzold in order to provide advance warning prior to reaching the danger area.
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
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