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 .
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 1-14 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 claim 1, line 1, the limitation, “in particular a road paver or feeder” and in claim 8, line 1, “in particular completely linear”, a broad range or limitation followed by linking terms i.e., in particular, preferably, may be, can be, especially and a narrow range or limitation within the broad range or limitation is considered indefinite since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. Claims 2-14 are dependent upon claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
(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 1-10 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kappel et al (WO 2020/259812).
Regarding claim 1, Kappel et al disclose a road construction machine/paving machine 1 for placing a paving material in a paving direction, comprising: a machine frame; an operator platform (see Fig. 1); a drive motor/electric motor to drive actuator 121, 131 (see Figs. 3a & 3b, page 11, lines 9-21); a travel mechanism/ track (see Fig. 1) with at least one left-hand travel unit and one right-hand travel unit/ left and right tracks, a material hopper 100 arranged in the paving direction at the front of the road construction machine for storing paving material, the material hopper comprising: a left-hand swivel section 120; and a right-hand swivel section 130, wherein the left-hand and right-hand swivel sections each have a rear wall element 108, 128, a floor wall element 122, 132 forming a floor surface of the material hopper, a side wall element 124, 134 protruding upright from the floor wall element and, towards the front, a front loading edge 129, 139 extending transversely to a longitudinal direction of the machine, and a longitudinal conveyor 200 extending along the longitudinal axis of the machine, which is configured to transport paving material from the material hopper in the paving
direction to the rear, wherein the right-hand and left-hand swivel sections 120, 130 each have an inner edge facing the longitudinal conveyor (see Fig. 2), wherein the swivel sections are each adjustable between a swiveled-down filling position (Fig. 2) and a swiveled-up emptying position (Fig. 3) in order to move paving material onto the longitudinal conveyor, wherein the swivel sections 120, 130 each have a base section 122, 132 and a replacement section/side wings 150, 160 firmly connected to the base section via a releasable fastening device/ hinge at pivot axis/wing axis 154, 164, wherein the replacement section in each case forms a part of the inner edge and a part of the loading edge of the floor surface of the respective swivel section (see page 10, lines 14-30), and wherein the floor wall element is formed jointly by the base section and the replacement section (see Figs.1- 6, entire pages 9-12).
Regarding claim 2, Kappel et al disclose in a horizontal projection plane the replacement section 150, 160 is surrounded exclusively by at least a part of the loading edge, a part of the inner edge and an abutting edge towards the base section (see Fig.1, page 10, lines 1-23).
Regarding claim 3, Kappel et al disclose in a horizontal projection plane the replacement section 150, 160 essentially has the shape of a triangle, in particular a right-angled triangle (see Figs 1-2).
Regarding claim 4, Kappel et al disclose the floor surface formed by the base section and the floor surface formed by the replacement section are configured such that they merge seamlessly into one another (see Figs. 1-3).
Regarding claim 5, Kappel et al disclose the floor surface formed by the base section and the replacement section is configured essentially as a flat overall surface (see Fig.1).
Regarding claim 6, Kappel et al disclose the replacement section is configured to overlap a front plate of the material hopper in the vertical direction (see Figs 3a-3b).
Regarding claim 7, Kappel et al disclose the releasable fastening device comprises one or more form-fitting elements/ traditional hinge connection at the pivot axis 154, 164 that are at least partially complementary to one another in the connection region between the replacement section and the base section; and the traditional hinge connection comprises one or more releasable threaded connections/rod through the hinge connection (see Figs. 1-3, page 10, lines 8-22).
Regarding claim 8, Kappel et al disclose an abutting edge between the base section and the replacement section is completely linear (see Fig. 1).
Regarding claim 9, Kappel et al disclose the fastening device is arranged on a lower side of the swivel section (see Fig. 1).
Regarding claim 10, Kappel et al disclose an adjusting actuator/ hydraulic cylinders 121, 131, which is configured to drive an adjustment movement of a swivel section from the filling position to the emptying position, is arranged between the machine frame and the base section and/or the side wall element of the swivel section (see Fig. 3b, page 11, lines 9-21).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kappel et al (WO 2020/259812) in view of Shejnefim et al (SU 1692877).
Regarding claim 11, Kappel et al fails to disclose or fairly suggest the fastening device comprises a sealing means.
However, Shejnefim et al discloses a road surface stripping vehicle having a dust cover 6 is attached to the real wall of the bucket 2 on a hinge/fastening device 5 with a seal 7 on its inner wall (see Fig. 3, Paragraph under the subtitle “Description” starting with “A dust cover 6 is attached….”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide such a notoriously old and well sensor seal to the fastening device/ hinge section in order to keep the fastening device clean and improve the swiveling function between the base section and replacement section.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kappel et al (WO 2020/259812).
Regarding claim 12, although Kappel et al fails to specifically disclose a method for converting a road construction machine according to claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the method steps of: dismantling (I) the replacement section from the base section, at least comprising releasing the fastening device; b. installing (II) a scraper plate (considered as wings 150, 160; see page 10, lines 14-30) that can be swiveled relative to the base section via a swivel joint, (see Applicant’s specification para [0007] “These wing sections are therefore also known as scraper plates…”) in order to scrape the paving material on the front flap in the direction of longitudinal conveyor when the swivel sections are lifted.
Regarding claim 13, it would have been obvious to one of ordinary skill in the art before the effective filing date for Kappel et al to provide the method step of installing (II) in step b) is carried out at least partially using (III) parts of the fastening device/ hinge at pivot axis/wing axis 154, 164 on the base section 122, 132, via which the replacement section was fastened to the base section in order to easily and efficiently to assemble and/or disassemble the part of the triangular section of the hopper edges.
Regarding claim 14, it would have been obvious to one of ordinary skill in the art before the effective filing date for Kappel et al to provide the step c) comprises replacing (IV) a front panel 129, 139 which is stationary relative to the machine frame with a front flap which can be swiveled relative to the machine frame between a swiveled-down loading position and a swiveled-up unloading position (see Figs. 2-3, page 11, lines 1-21) in order to efficiently unloading the material with guiding the direction of the material.
Relevant Prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20260184520 A1 UNLOADING CONVEYOR OF GRANULAR MATERIAL FROM A TRUCK OR TRAILER TO A GRAIN BAGGING MACHINE
US 20250043521 A1 Road construction machine i.e. road paver, for picking up paving material e.g. asphalt from delivery vehicle such as truck, and distributing paving material on ground in layer thickness, has material hopper arranged in paving direction at front of machine for storing paving material
US 9580875 B1 Hopper system for paving machine
US 20160060823 A1 CONSTRUCTION MACHINE WITH OFFSET HOPPER REAR WALLS
US 20160040368 A1 HOPPER ASSEMBLY FOR PAVING MACHINES
US 20130183092 A1 FEEDER FLOOR PROTECTION SYSTEM FOR PAVING MACHINE
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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