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 .
Applicant's election with traverse of claims 20-29 in the reply filed on 4/29/26 is acknowledged. The traversal is on the ground(s) that the inventions are linked to each other as the device claims recite a device for carrying out the method by very specific features that directly reflect the method steps claimed in the method claims. This is not found persuasive because the structure of the claimed device can be used to perform another method as stated before in the restriction requirement mailed 3/25/26, which qualifies the inventions as being distinct from each other.
The requirement is still deemed proper and is therefore made FINAL.
Claims 30-38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/29/26.
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) 20 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laugwitz (USP 207/0268193).
20. A method for mechanical compaction of clayey earth material by a vibration plate (Laugwitz: paras. 0003 and 0007-0008; figs 1-2), comprising:
guiding the vibration plate as an end effector on a triaxial positioning system over the earth material to be compacted (Laugwitz: paras. 0003, 0007-0008, and 0033-0034; figs 1-2; attachable compactor constitutes the vibration plate; excavator arms 7,8 constitute the triaxial positioning system);
adjusting a compressive force applied to the earth material by actuating the positioning system perpendicular to a plate plane of the vibration plate, a degree of compaction of the earth material being measured during compaction (Laugwitz: paras. 0003, and 0007-0008; figs 1-2; the degree of compaction of the earth material is measured by the contact force and duration of applied force); and
controlling as a function of a measured degree of compaction at least one of:
the compressive force (Laugwitz: paras. 0003, and 0007-0008), and
a duration of maintaining the vibration plate at a same place (Laugwitz: paras. 0003, and 0007-0008).
28. The method according to claim 20, wherein the degree of compaction is determined by evaluating vibration measurement data of the vibration plate (Laugwitz: paras. 0003, and 0007-0008; figs 1-2; the degree of compaction of the earth material is measured by the contact force and duration of applied force, which are vibration measurement data).
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) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laugwitz as applied to claim 20 above. The above teachings of Laugwitz are incorporated hereinafter.
Regarding claim 25, Laugwitz does not teach using a load cell to measured the compressive force. Load cells are well-known in the force measuring art for its availability and effectiveness. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to measure the force of Laugwitz by a load cell in order to ensure the appropriate amount of force is applied to compact the earth material.
Claims 21-24 and 26-27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Non-elected claims 30-38 must be canceled before the application can allowed.
Claim 29 is allowed.
Non-elected claims 30-38 must be canceled before the application can allowed.
The following is an examiner’s statement of reasons for allowance: Regarding claim 29, the prior art of record including the closest prior art Laugwitz neither teaches nor renders obvious every claimed limitation including A method for producing a clay-wood composite element as a wall or ceiling element of a building, the composite element comprising a plurality of elongated wooden beams, between each of which an intermediate space is formed, comprising: introducing clay into the intermediate spaces; and compacting the clay in the intermediate spaces by mechanical compaction by a vibration plate, the compacting comprising: guiding the vibration plate as an end effector on a triaxial positioning system over the earth material to be compacted; adjusting a compressive force applied to the earth material by actuating the positioning system perpendicular to a plate plane of the vibration plate, a degree of compaction of the earth material being measured during compaction; and controlling as a function of a measured degree of compaction at least one of: the compressive force, a duration of maintaining the vibration plate at a same place, a frequency of a vibration movement, and an amplitude of the vibration movement.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teach compacting earth material by vibration: USPN 4127351 (monitoring vibrational force and controlling the amplitude or frequency of the vibratory movement); USPN6619125 (vibration plate); US2013/004237 (degree of compaction of soil using a vibration plate); and EP4015730 (clay between wood beams) .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao (Sam) Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744
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