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 1-7, 10, and 12-20 are objected to because of the following informalities: Claims contain multiple instances for the phrase "and/or" which is informal verbiage and the preferred verbiage should be more simply "at least one of A and B".
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “A unit for determining a remaining utilization capacity” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1-20 is/are directed to the abstract idea of a mathematical concept and a mental process. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea.
The claim(s) recite(s) determining and displaying a remaining utilization of an energy source. The rejected dependent claims only supply additional data types and/or steps (mathematical calculations, and mental processes) that a processor must perform. All of these concepts relate to the abstract idea of certain methods of mathematical concepts and mental processes. The concept described in claims 1-20 is/are not meaningfully different than those methods of mathematical concepts and mental processes found by the courts to be abstract ideas. As such, the description in claims 1-20 is an abstract idea.
This judicial exception is not integrated into a practical application because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The hardware is recited at a high level of generality and are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions that are well-understood, routine and conventional activities amount to no more than implementing the abstract idea with a computerized system. The use of generic computer components that perform the generic functions of [e.g. "transmitting information", "generating information"] common to electronics and computer systems does not impose any meaningful limit on the computer implementation of the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves another technology or technical field. Their collective functions merely provide conventional computer implementation (i.e. mere instructions to implement the abstract idea on a generic computing system).
Claims 1-20 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
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.
Claims 1-12, 15-17, and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Amitani et. al. (US Patent Publication 2025/0108703).
Regarding claim 1, Amitani discloses a unit for determining a remaining utilization capacity of at least one energy supply source connected to at least one electrical consumer (any implement attached to or towed by the work vehicle and configured to receive power from the PTO) used on a road construction machine wherein the unit is adapted for (¶28, 36, 68)
indicating the remaining utilization capacity determined on the basis of a current charging state of the at least one energy supply source as a remaining utilization duration, a remaining utilization range and/or a remaining utilization area for the at least one electrical consumer. (¶107, 114, 119)
Regarding claim 2, Amitani further discloses wherein the unit is adapted for indicating a target utilization capacity required for a planned work measure by the at least one electrical consumer as target utilization duration, target utilization range and/or target utilization area. (Fig 9A, 9B, 12-13; ¶121, 126-129)
Regarding claim 3, Amaitani further discloses wherein the determination of the remaining utilization capacity is based on current operating conditions of the at least one electrical consumer, the current operation conditions comprising a current and/or averaged energy demand of the at least one electrical consumer. (¶104, 114, 126-129)
Regarding claim 4, Amaitani further discloses wherein the determination of the remaining utilization capacity is based on current operating conditions of the at least one electrical consumer, the current operation conditions comprising a current and/or averaged energy demand of the at least one electrical consumer. (¶104, 114, 126-129)
Regarding claim 5, Amaitani further discloses wherein the determination of the remaining utilization capacity is based on current working conditions of the at least one energy supply source, the current working conditions comprising a current working temperature of the at least one energy supply source and/or a uniform or fluctuating load. (¶77, 117, 119)
Regarding claim 6, Amaitani further discloses wherein the determination of the remaining utilization capacity is based on a comparison of the current operating conditions of the at least one electrical consumer with target operating conditions of the at least one electrical consumer and/or the current working conditions of the at least one energy supply source with the target working conditions of the at least one energy supply source. (¶104, 114, 126-129)
Regarding claim 7, Amaitani further discloses wherein the determination of the remaining utilization capacity is based on a comparison of the current operating conditions of the at least one electrical consumer with target operating conditions of the at least one electrical consumer and/or the current working conditions of the at least one energy supply source with the target working conditions of the at least one energy supply source. (¶104, 114, 126-129)
Regarding claims 8-9, Amaitani further discloses wherein the unit is configured for correcting the determined remaining utilization capacity based on the result of the comparison to determine a corrected remaining utilization capacity. (¶104, 114, 126-129)
Regarding claim 10, Amaitani further discloses wherein the unit has at least one adjustable display field, by which the remaining utilization capacity or the corrected remaining utilization capacity may be displayed, and/or the unit is configured to output a signal if the remaining utilization capacity or the corrected remaining utilization capacity is less than a predetermined percentage of the target utilization capacity. (Fig 9A, 9B, 12-13; ¶121, 126-129)
Regarding claim 11, Amaitani further discloses a road construction machine, having at least one unit according to claim 1. (¶28)
Regarding claim 12, Amaitani further discloses wherein the unit is configured for transmitting a remaining utilization capacity or a corrected remaining utilization capacity to at least one remote receiver. (¶95)
Regarding claims 15-16, Amaitani further discloses wherein the determination of the remaining utilization capacity is based on a current outside temperature of the road construction machine and/or a current driving speed of the road construction machine. (¶114)
Regarding claim 17, Amitani further discloses wherein the at least one energy supply source is a battery and/or the at least one electrical consumer is an electrically operated heating device and/or the at least one electrical consumer is an electrically operated electro-hydraulic unit and/or the at least one electrical consumer is an electrically operated longitudinal conveyor device and/or the at least one electrical consumer is an electrically operated transverse conveyor device and/or an electrically operated undercarriage drive of the road construction machine. (¶33)
Regarding claim 19, Amitani discloses a method for determining a remaining utilization capacity of at least one energy supply source connected to at least one electrical consumer used on a road construction machine, the method comprising (¶28, 36, 68)
indicating the remaining utilization capacity as a remaining utilization duration, a remaining utilization range and/or a remaining utilization area for the at least one electrical consumer on the basis of a detected, current charging state of the at least one energy supply source. (¶107, 114, 119)
Regarding claim 20, Amitani further discloses wherein by the unit, a target utilization capacity required for a planned work measure by the at least one electrical consumer is indicated as target utilization duration, target utilization range and/or target utilization area. (Fig 9A, 9B, 12-13; ¶121, 126-129)
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 13-14, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amitani as applied to claims 10-12 above, and further in view of Romero et. al. (US Patent Publication 2023/0113279).
Regarding claims 13-14, Romero teaches wherein the road construction machine is a road paver, a feeder for a road paver, a roller vehicle or a milling vehicle. (¶22, 28)
It would have been obvious to one of ordinary skill in the art at the time of filing to provide the invention of Amitani with a road paver, a feeder for a road paver, a roller vehicle or a milling vehicle as taught by Romero with a reasonable expectation of success because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 18, Romero teaches a paving train comprising at least one road construction machine according to claim 10, wherein a remaining utilization capacity comprising a remaining utilization area, is transmittable from the road paver and/or feeder to the roller vehicle. (¶22, 28)
It would have been obvious to one of ordinary skill in the art at the time of filing to provide the invention of Amitani with teaches a paving train comprising at least one road construction machine according to claim 10, wherein a remaining utilization capacity comprising a remaining utilization area, is transmittable from the road paver and/or feeder to the roller vehicle as taught by Romero with a reasonable expectation of success because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN D HUTCHINSON whose telephone number is (571)272-8413. The examiner can normally be reached 7-5 Mon-Thur.
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/ALAN D HUTCHINSON/Primary Examiner, Art Unit 3669