Prosecution Insights
Last updated: October 25, 2026
Application No. 18/785,724

Kit for Rammers with Different Drive Types

Non-Final OA §102§103
Filed
Jul 26, 2024
Priority
Jul 31, 2023 — DE 10 2023 120 312.6
Examiner
ESTRICH, PALOMA
Art Unit
Tech Center
Assignee
Wacker Neuson Produktion GmbH & Co. Kg
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Office Action

§102 §103
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 . 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. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE102023120312.6, filed on July 31, 2023. 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. Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bingham et al., (US 2011/0164924 A1). Regarding to Claims 1, the claim recite a rammer kit for soil compaction rammers with different drive types, comprising: the claim recites a rammer kit for soil compaction rammers with different drive types, comprising: - a crankcase for receiving a crank driving mechanism for converting a rotary drive motion generated by a drive into an oscillating translational motion; wherein - the crankcase has a connection opening to which a drive cover can be connected; - the drive is attached to the drive cover; and wherein - different drive covers are provided as part of the kit for drives of different drive types, while the crankcase is identical for drives of different drive types. Bingham et al. discloses a tamper/rammer comprising: a crankcase located in the central housing block of the upper rammer assembly, where the crankcase mechanism including gears, pinion, connecting rod/crankshaft, located in the crankcase chamber (core modular housing) receiving the drive cover with immediate adapter plate or flange structure fastened directly over the connection opening, where the plate bridges the physical bridge between engine/motor and crankcase. how the drive's rotational speed/motion is converted into linear, reciprocal strokes. for receiving a drive mechanism, a lower mass including a rammer foot (22), An upper mass including: A crankcase configured to drive a tamper foot (22), a variety of interchangeable drives, such as gas engine or pneumatic drives, configured to drive the crankcase (figures 3-8), a crank driving mechanism such as clutch assembly (80). A plurality of drive covers (23, 24), disposed between the crankcase and the different drives. The drive covers (23, 43) are configured to utilize a mounting plate/adapter plate system (23, 43) for interchanging different drive units (e.g., gasoline-powered vs. pneumatic engines. [0017-0022] Regarding Claims 2: Then rammer kit according to claim 1, wherein - the rammer has an upper mass and a lower mass which can be moved relative to the upper mass; - the lower mass has a ramming foot with a ground contact plate for soil compaction; - the crankcase is part of the upper mass; and wherein - the crank driving mechanism is designed to move the ramming foot back and forth. Bigham et al., explicitly discloses that the rammer kit/tamper wherein the rammer is structurally split into an upper mass, and a lower mass that moves relative to one another. The upper mass comprises the crankcase which houses the driving components to the tamper foot (22). The lower mass features a ramming foot with ground contact plate to included tamper/rammer foot; and operates the power transferred to the engine through clutch assembly (80), by translating continuous rotational motion of the engine into linear (back and forth) reciprocal strokes required to drive the lower mass to a crank driving mechanism. Regarding Claim 3: The rammer kit according to claim 1, wherein the drive cover is completely pre-assemblable such that the drive is completely set up on the drive cover before the drive cover is placed on the crankcase. Bigham et al., discloses a rammer kit, wherein the drive cover through a crankshaft assembly allowing interchangeability of standard drive cover and adapter plate system (23, 43) within the central housing placed on the crankcase mechanism. Regarding to claim 4, The rammer kit according to claim 1, wherein the drive types are selected from the group consisting of: - an internal combustion engine; - an electric motor in which a drive torque of the electric motor is transmitted to the crank drive mechanism via a gear mechanism; - an electric motor that is designed as a direct drive, with a rotor and a stator, wherein the rotor is formed on a motor shaft, which transmits the drive torque directly to the crank driving mechanism, without a further gear mechanism in between; - an electric motor that is formed as a segmented motor, with a rotor and a stator surrounding the rotor over a segment of a circle with an angle of less than 360 degrees. Bingham et al. discloses the structural modularity of a modular rammer kit/interchangeable drive including gas engine mounted via adapter plates incorporating various drive types, configured to drive the crankcase (figures 3-8), into housings for construction equipment. 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 5-10 are rejected under 35 U.S.C. 103 as unpatentable over Bingham et al., (U.S. Patent Applicant No. US 2011/0164924 A1), in view of Steffen (U.S Patent Application No. US 2022/0186453 A1). Regarding to claim 5, The rammer kit according to claim 1, wherein - a connection flange is provided at a connection opening of the crankcase; each of the respective different drive covers has a connection flange adapted to be connected to the connection flange of the crankcase; and wherein - the connection flanges of the different drive covers are identical to one another. Bingham et al. discloses coupling plates and mounting interfaces equipped with cooperative fastening flanges that project outwardly, connecting an air engine (42) to an adapter plate (43) and rotor shaft (72), thereby forming an air tamper in the same manner as the pneumatic engine assembly [0039]. Bingham et al., fails to disclose a flange adapted to the crankcase. Steffen teaches the concept of replaceable connection flange of the crankcase/connection unit, preferably embodied as a plug device for the connection unit, which is designed to be releasably. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that employing complementary connection flanges between a crankcase opening and a drive cover represents a conventional mechanical coupling approach, and providing a pre-assembled drive for each respective drive cover is a direct logical extension of modular conversion kit. Regarding to claim 6, The rammer kit according to claim 1, wherein the drive that is respectively assigned to each drive cover is attached directly on one side of the drive cover. Bingham et al. discloses a drive ramming apparatus that carries out reciprocating tamping operations via a gas engine mounted on an engine mount, which is positioned between a standard gas engine and a tamper foot [0017]. Bingham et al doesn’t disclose a drive that is respectively assigned to each drive cover is attached directly on one side of the drive cover. Steffen teaches power modules are connected using identical fixing spacings, thereby ensuring that modules (1A–6B) are fully compatible and interchangeable with one another. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that modular conversion kit could be dedicated to mounting plates. Regarding to claim 7, The rammer kit according to claim 1, wherein the crank driving mechanism has a crank pin rotationally driven by the drive. Bingham et al. discloses converting rotary drive motion into oscillating translational motion via internal drive connections. Bingham et al. fails to disclose the crank driving mechanism that has a crank pin. However, Steffen teaches a modular driving mechanism within machinery housings utilizing standard rotating shafts, excitation linkages, and an interchangeable crank pin to ensure consistent manufacturing and operational compatibility. The modification of the driving mechanism of Bingham et al. by incorporating the interchangeable crank pin as taught by Steffen results of consistent manufacturing, operational compatibility, and utilizing conventional mechanical components for converting rotary motion into reciprocating translation and represents predictable application of known prior art elements according to their established functions. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate standard mechanical conversion of rotary motion into reciprocating translation in rammers would rely on conventional crank pins and connecting rods. Regarding to claim 8, The rammer kit according to claim 1, wherein - the drive has an electric segmented motor; and wherein - the segmented motor has a rotor and a segmented stator which encloses the rotor not over the entire circumference but only over a segment of a circle. Bingham et al. discloses the concept of describing segmented motor geometry where a segmented stator encloses a rotor only over a segment of a circle. [0031] Bingham et al., fails to specify an electric segmented motor, Steffen teaches the use of electric drive motors (such as magnetic/contact-face powered or BLDC/synchronous motors) specifically optimized for modular soil compaction devices. Steffen teaches the modular soil compaction device comprising segmented motor that separates the two main parts of the electric motor drive (like a plug and socket) can magnetically stick to each other that includes standard mechanical securing methods like bolts, pins, screws, nuts, or clamps to allow interchangeably by reduce weight on a specific side of the hand-guided rammer, optimize tight spatial constraints within the portable compaction body mounted on a compaction body to power vibration exciters (5) [0074]. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the electric motor drive teachings of Steffen for compaction equipment by implementing those specific motor types (e.g., a BLDC or synchronous motor) into the segmented stator geometry disclosed by Bingham. This modification would have been motivated by a desire to optimize spatial constraints within the compaction body. Furthermore, converting rotary motion into reciprocating translation within a rammer's connecting shaft constitutes a predictable application of known prior art elements in accordance with their established functions to yield a predictable result. Regarding to claim 9, The rammer kit according to claim 8, wherein - a bearing pin is provided on an inner side of the drive cover for rotatably supporting the rotor; and wherein - the segmented stator is held on the inner side of the drive cover. Bingham et al., discloses a ramming apparatus driven by a mechanism (21), wherein an engine assembly structure includes a mounting framework engine assembly with a mounting plate, a spacer on a rotor shaft, and a clutch assembly (80) positioned inside a receiving space (83) of a clutch drum (27). Bingham et al. does not disclose a bearing pin provided to fix the segmented stator. Closing this gap, Steffen teaches the complementary limitations of a rammer kit wherein a bearing pin is provided on an inner side of the drive cover for rotatably supporting the rotor. Steffen teaches modular soil compaction device wherein modular bearing pin integrated on the inner side of a drive cover and rotatably supports a rotor within the a mounting arrangement where the segmented stator is held on that same inner side of the drive cover to ensure stability and precise alignment, using a form-fitting end-face retention system where integral cams on the stator slide into corresponding grooved recesses on the drive cover [0018, 0019]. By integrating the ramming apparatus disclosed by Bingham et al., with the modular bearing pin and grooved retention system to ensure optimized alignment and secure fit of the segmented stator directly on the inner side of the drive cover during high vibration ramming operations yield a predictable combination of known prior art components producing an expected result. The modification would be motivated to allow interchangeability of drive cover that simultaneously supports both the rotating elements (via the bearing pin) and the stationary elements (the segmented stator) reduces total part count and simplifies the modular assembly of the tool. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the primary framework of a ramming apparatus disclosed by Bingham et al., driven by an engine/clutch mechanism for mounting an electric motor's internal components taught by Steffen to provide the structural solution of enclosure design of the housing and drive framework. The integration rotatably secures and supports the rotor shaft held by the bearing pin on its inner side form-fitting groove and cam interlocking system. Regarding to claim 10, The rammer kit according to claim 8, wherein - at least two grooved recesses are formed on the inner side of the drive cover; - the segmented stator, seen in a circumferential direction thereof, has two end-face ends; - a cam, which can be pushed into the respectively assigned grooved recess, is respectively formed at the two end-face ends of the segmented stator; - respective pairings, each comprising a cam and a grooved recess at the two end-face ends of the segmented stator , form stator brackets which are arranged in the circumferential direction of the segmented stator. Bingham et al., discloses a rammer kit, wherein comprising at least two grooved recesses or two sets of holes (51, 52, 60, 61) formed on the inner side or opening (55) of a modular drive cover; throttle plate (96) that features two end-face ends or opposed elongate slots (97); the adapter plate (43) with a grooved/rugged corresponding mounting brackets (28) comprising bolt holes (29), bolts (50), and nuts (54); pairing with assigned mounting plate (44); the assembly is arranged circumferentially in the throttle plate (96). While Bingham fails to explicitly disclose the exact construction of this assembly, it also accommodates variations. Complementarily, this gap is explained by Steffen form-fitting alignment mechanism addresses a known mechanical vulnerability without destroying the machine's bodily integrity or underlying operation. Steffen teaches an two interlocking, form-fitting cam-and-groove alignment system to be connected rammer kit where the interlocking recesses include at least two distinct grooved recesses/mechanism utilizing two components a screw fitting, a bracing, a latching fit, or the like, for fixing the buffers (15), or the tool buffer element (16 and 17), respectively, to one another wherein contact faces of the plug device or first coupling device according to the invention. Therefore, it would have been obvious to a person of ordinary skill in art before the effective filing date of the claimed invention to modify the modular driver disclosed by Bigham et al. by incorporating the interlocking, form-fitting cam-and-groove alignment structure taught by Steffen. This modification addresses a solution for high-frequency vibrations resulting from predictable excessive shifting force and rotational torque, caused by from electric or gas engines, without changing the structural mechanical design, reflects predictable and well-known solutions in mechanical compaction machinery. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paloma Estrich whose telephone number is (571) 270-5910. The examiner can normally be reached Monday through Thursday from 07:00 am to 5:00 pm. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Christopher Sebesta can be reached at (571) 272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /P.E./Examiner, Art Unit 3671 /CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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Prosecution Timeline

Jul 26, 2024
Application Filed
Oct 09, 2026
Non-Final Rejection mailed — §102, §103 (current)

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