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 .
The preliminary amendment filed 8/20/2024 has been entered. Claims 16-30 are pending in this application.
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.
Claims 16-26, 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Erdtmann et al (US 2019/0375343) in view of Bucher et al (US 2005/0053447).
Regarding claim 16, Erdtmann et al disclose a self-propelled earth working machine 57, comprising: a machine frame: a plurality of wheels or tracks configured to support the machine frame from a ground surface; a travel drive 59 configured to drive at least one of the wheels or tracks to propel the earth working machine; an earth working apparatus /paving screed 61 supported by the machine frame (see Fig 7. Para [0036]); and a control apparatus 1 configured to control an operation of the earth working machine, the control apparatus including: an operating module 7 including a plurality of selectively actuatable operating elements 9, 11, 27, actuation of the operating elements being operable to change an operating state of the earth working machine (see Fig. 1, Para [0029]); and at least two-part housing 3, 4 configured to receive the operating module, the housing including a left shell/ wing 3 and an right shell/wing 4 movable relative to each other between a closed position and an open position, wherein the operating elements of the operating module are accessible in the open position of the housing when the operating module is received in the housing 5; and wherein the operating module 7 is separable from the housing and the operating module can be positioned on each of the left shell 3 and the right shell 4 in a functionally ready state (see Figs. 1-6, Para [0025]-[0035]).
However, Erdtmann et al fail to specifically disclose the two shells having an orientation such as an upper shell and a lower shell.
Bucher et al disclose an earth working machine/ lawn mower having a monitoring system with a control box 42 having an upper shell and a lower shell (see Figs. 2 & 3, Para [0023]-[0025]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the control box of Erdtmann et al with changing the orientation of the shells as taught by Bucher et al in order to enhance the water proofing function of the box while in outdoor rainy condition at the work site.
Regarding claim 17, Erdtmann et al disclose each of the upper shell and the lower shell includes a concave inner side 5 configured to receive the operating module 7 ; and the concave inner sides 5 of the upper shell and the lower shell face each other in the closed position of the housing (see Fig. 1, Para [0029]).
Regarding claim 18, Erdtmann et al disclose the upper shell and the lower shell are pivotable relative to each other about a pivot axis with a hinge 45(see Fig. 4, Para [0033]).
Regarding claim 19, Erdtmann et al disclose a carrier component (see Fig. 7, the element below the control box 1 connected to the machine frame; and wherein the lower shell is configured to be releasably or permanently connected to the carrier component (see Para [0029]).
Regarding claim 20, Erdtmann et al disclose at least one of the upper shell or the lower shell includes an opening; and in an operationally ready state of the earth working machine an electrical connecting line is routed through the opening to the operating module (see Figs. 2-3, Para [0030]-[0031]).
Regarding claim 21, Erdtmann et al disclose an outer side an external electrical connection interface/ opening 39 for electrical connection 44 to at least one on-board line of the earth working machine (see Fig.3, Para [0031]).
Although Erdtmann et al fail to specifically disclose the connection interface positioned on a concave inner side of the upper shell or the lower shell, it would have been obvious to one of ordinary skill in the art before the effective filing date to include the connection interface to the concave inner side of the upper or lower shell in order to efficiently connect the parts of the operating module electrically.
Regarding claim 22, Erdtmann et al disclose each of the upper shell and the lower shell includes a fastening formation/lock 29 ; and the operating module includes a counterpart fastening formation configured such that the counterpart fastening formation can be brought into a releasable form-locking engagement with either of the fastening formations to secure the operating module on each of the upper shell and the lower shell (see Figs. 1 & 6, Para [0029] & [0035]).
Regarding claim 23, Erdtmann et al disclose each of the upper shell and the lower shell 3, 4 includes a concave inner side 5 including an internal electrical connection interface; and the fastening formations 29 and the counterpart fastening formation are configured such that when establishing the releasable form-locking engagement between the fastening formation 29 of the upper shell or lower shell and the counterpart fastening formation of the operating module an electrically conductive connection is automatically established between the internal electrical connection interface of the respective shell and a counterpart electrical connection interface of the operating module (see Figs. 1 & 6, Para [0029] & [0035]).
Regarding claims 24 and 25, Erdtmann et al fail to specifically disclose the control/output apparatus includes a data processing system situated outside of the operating module and supported by the machine frame, the data processing system being connected to the operating module for the transmission of signals.
Bucher et al disclose an earth working machine/ lawn mower having a monitoring system with a control box 42 having an upper shell and a lower shell and a control panel/data processing system 70 transmitting data and/or signal (see Figs. 1-3, Claim 17 of the reference, Para [0003] & [0025]-[0027]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to include the data processing system into the control box of Erdtmann et al as taught by Bucher et al in order to enhance the operating system with better communicating for the transmitting data and/or signal.
With respect to the data processing system supported by the machine frame, it would have been obvious to one of ordinary skill in the art before the effective filing date to install the data processing system separately to the machine frame in order to access the system for the repair or modification of the parts.
Regarding claim 26, Erdtmann et al disclose the operating module is a first operating module 7; and the self-propelled earth working machine further includes a second operating module 8, wherein each of the first and second operating modules is configured to be positioned in a functionally ready state in each of the upper shell and the lower shell (see Fig. 1, Para [0029]).
Regarding claim 29, Erdtmann et al disclose the housing is configured in mirror symmetry with respect to a plane of symmetry (see Figs. 1, 5 &6, Para [0029] & [0034]).
Regarding claim 30, Erdtmann et al disclose the earth working machine is a paver screed machine. Although Erdtmann et al fails to disclose the machine is a slipform paver, it would have been obvious to one of ordinary skill in the art before the effective filing date to utilize the control system to a notoriously old and well known slipform paver in order to place the machine in roadway paving site.
Claims 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Erdtmann et al (US 2019/0375343) in view of Bucher et al (US 2005/0053447), further in view of Rzepecki et al (US 2019/0132970).
Regarding claims 27 and 28, Erdtmann et al fail to disclose or fairly suggest the housing includes a second lower shell and a second upper shell which are pivotable relative to each other about a second pivot axis.
Rzepecki et al disclose a control box/frame 116 including an upper shell and a lower shell (see Figs. 3 & 4, Para [0036]) and the frame operatively coupleable to the housing in a plurality of orientation so, the control boxes are engaged in a series 146 to have a first, a second control boxes (see Fig. 7, abstract, Para [0038]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to include the second control box to the control system of Erdtmann et al as taught by Rzepecki et al in order to include more control modules to perform the various functions of the earth working machine.
Relevant Prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 12012701 B2 Self-propelled ground milling machine
US 20230151562 A1 Predominantly electrically operated earth working machine
DE 102017221053 A1 Soil cultivation machine with together with a protective roof raised and lowered disc assembly
FRAME HAVING PLURALITY OF POSSIBLE ORIENTATIONS
US 20160042202 A1 Secure Shell for Electronic Devices
US 20120243939 A1 Grinding apparatus for servicing roadways, includes frame configured to be detachably secured to prime mover e.g. road grader
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jong-Suk (James) Lee whose telephone number is (571) 272-7044. The examiner can normally be reached Monday thru Thursday 6AM- 4PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/JONG-SUK (JAMES) LEE/Supervisory Patent Examiner, Art Unit 2875
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