DETAILED ACTION
Claims 21-50 are pending.
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 .
Priority
Acknowledgment is made of applicant’s claim for priority of U.S provisional application under 35 U.S.C. 119(e).
Acknowledgment is made of the claim for priority or continuation and divisional applications under 35 U.S.C. 120.
Information Disclosure Statement
The information disclosure statements provided complies with the provisions of MPEP § 609. It has been placed in the application file, and the information referred to therein has been considered as to the merits. A signed copy of the form is attached.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-50 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12,090,626. And over claims 1-28 of U.S. Patent No. 11,986,947. Although the conflicting claims are not identical, they are not patentably distinct from each other because it is well settled that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element of step whose function is not needed would be obvious to one of ordinary skill in the art.
Hence, it is obvious that the claimed combination or the narrower claims of the patent would encompass the broader claimed combination of the claims of the instant application.
Claim Rejections - 35 USC § 103
The following is a quotation of 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 21-27, 29-38, and 40-50 are rejected under 35 U.S.C. 103 as being unpatentable over Staab et al., (Automatic Tire Changing of Large Mining Vehicles with Industrial Robots, IEEE).
As per claim 21, Staab et al., teaches a tire changing bot (see Fig. 9, title and abs.) that is movable along a traverse path on a surface or a floor (see Figs. 1, 2 and 13, ground/floor) on which the tire changing bot rests (see Fig. 9, title and abs.), the tire changing bot (see Fig. 9, title and abs.) comprising: at least one actuator (see Fig. 7 and page 323, col. 1, third par.), the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) having an end effector (see Figs. 2, 5, 6 and 9, for the end effector), the end effector (see Figs. 2, 5, 6 and 9, for the end effector) having a wheel or tire engagement tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) disposed for effecting engagement contact of the wheel or tire engagement tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) and a wheel or a tire mounted on a vehicle (see Figs. 1 and 2, for vehicle); and a controller (see page 323, col. 1, second par. page 324-325, section 3.4, particularly “a joystick control panel...”), the controller (see page 323, col. 1, second par. page 324-325, section 3.4, particularly “a joystick control panel...”) effecting movement of the tire changing bot (see Fig. 9, title and abs.) along the traverse path effecting dynamic positioning of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) relative to a variable position (see page 322, section 3.1, second par. wherein tool can reach all positions”) of the vehicle (see Figs. 1 and 2, for vehicle) with the wheel or tire mounted thereon (see page 320, col. 2, first par.). Although, the above limitations are disclosed from different embodiments.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of different embodiments of Staab et al. into the intended end result, thereby improving the autonomous traverse tire changing bot as a whole.
Alternatively:
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Chalofsky et al., (US 11,986,947).
As per claim 21, Chalofsky et al., teaches a tire changing bot ("An autonomous traverse tire changing bot") that is movable along a traverse path on a surface or a floor on which the tire changing bot rests ("so that the bot frame traverses with the carriage as a unit along the traverse path"), the tire changing bot comprising: at least one actuator ("at least one actuator mounted to the carriage"), the at least one actuator having an end effector, the end effector having a wheel or tire engagement tool disposed for effecting engagement contact of the wheel or tire engagement tool and a wheel or a tire mounted on a vehicle ("at least one actuator has an end effector having a tire engagement tool disposed so that articulation of the at least one actuator with the actuator degree of freedom effects engagement contact of the tire engagement tool and a tire mounted on a vehicle"); and a controller, the controller effecting movement of the tire changing bot along the traverse path effecting dynamic positioning of the at least one actuator relative to a variable position of the vehicle with the wheel or tire mounted thereon ("a controller communicably connected to the carriage drive section and the bot drive section so as to effect traverse of the autonomous traverse tire changing bot along the traverse path effecting dynamic positioning of the at least one actuator relative to a variable position of the vehicle with the tire mounted thereon"), see claim 1, of Chalofsky et al..
As per claim 22, Staab et al., teaches wherein the dynamic positioning of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) relative to the variable position (see page 322, section 3.1, second par. wherein tool can reach all positions”) of the vehicle (see Figs. 1 and 2, for vehicle) with the wheel or tire mounted thereon (see page 320, col. 2, first par.) is disposed so that articulation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) engages the wheel or tire engagement tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) to the wheel or tire on the vehicle (see Figs. 1 and 2, for vehicle) in the variable position (see page 322, section 3.1, second par. wherein tool can reach all positions”).
As per claim 23, Staab et al., teaches wherein the tire changing bot is track guided (see Fig. 9, title and abs., and page 324, col. 2, third par. particularly item a.).
As per claim 24, Staab et al., teaches wherein the tire changing bot (see Fig. 9, title and abs.) is configured for autonomous guidance on an undeterministic surface of the traverse surface or the floor (see Figs. 1, 2 and 13, ground/floor).
As per claim 25, Staab et al., teaches wherein the tire changing bot (see Fig. 9, title and abs.) has one or more sensors, and the controller (see page 323, col. 1, second par. page 324-325, section 3.4, particularly “a joystick control panel...”) is configured to: register the variable position (see page 322, section 3.1, second par. wherein tool can reach all positions”) of the vehicle (see Figs. 1 and 2, for vehicle), register a variable position (see page 322, section 3.1, second par. wherein tool can reach all positions”) of the wheel or tire on the vehicle (see Figs. 1 and 2, for vehicle) defined by the variable position (see page 322, section 3.1, second par. wherein tool can reach all positions”), or register a position of a label or other marker placed on the wheel or tire (see Figs. 12, particularly the number marked on wheel).
As per claim 26, Staab et al., teaches which includes a plurality of actuators (see Fig. 7 and page 323, col. 1, third par.), each actuator (see Fig. 7 and page 323, col. 1, third par.) of the plurality of actuator (see Fig. 7 and page 323, col. 1, third par.)s having a different respective end effector (see Figs. 2, 5, 6 and 9, for the end effector) disposed for working on the wheel or tire mounted on the vehicle (see Figs. 1 and 2, for vehicle).
As per claim 27, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes a tire mounting/dismounting tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) that on articulation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) engages the tire of the wheel mounted on the vehicle (see Figs. 1 and 2, for vehicle) and effects mounting of the tire on the wheel and dismounting of the tire off (see Fig. 1) the wheel with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle).
As per claim 29, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes a tire deflation tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) that on articulation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) deflates the tire mounted to the wheel (see page 320, col. 2, first par.) with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle).
As per claim 30, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) comprises a valve stem cap removal tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13).
As per claim 31, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) further comprises a valve core removal tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13).
As per claim 32, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) comprises a tire bead breaker tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) that on articulation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) breaks a bead of the tire from the wheel (see Fig. 1, page 320, col. 2, first par. wherein tire can be damaged including the bead) with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle).
As per claim 33, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) is configured to clean the wheel (see page 321, col. 2, second and third pars., particularly handling the tire properly implicitly includes cleans the wheel as well) with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle).
As per claim 34, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes a tire balancer configured to equalize a combined weight (see page 322, section 3.1, for weight) of the tire and the wheel with the tire and the wheel spinning (see pages 322-323, from col. 2, first par. -to- col. 1, first par.) at operating speeds (see page 322, col. 1, first par.) and with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle).
As per claim 35, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes a tire balancing bead dispenser configured to dispense tire balancing beads into the tire with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle) and prior to seating a tire bead of the tire against the wheel.
As per claim 36, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes a tire inflation tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) that on articulation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) inflates the tire mounted to the wheel with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle).
As per claim 37, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) further comprises a valve core installation tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13).
As per claim 38, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) comprises a valve stem cap installation tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13).
As per claim 40, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes a tire deflation tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) that on articulation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) deflates the tire mounted to the wheel (see page 320, col. 2, first par.).
As per claim 41, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) comprises a valve stem cap removal tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13).
As per claim 42, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) further comprises a valve core removal tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13).
As per claim 43, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) comprises a tire bead breaker tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) that on articulation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) breaks a bead of the tire from the wheel (see Fig. 1, page 320, col. 2, first par. wherein tire can be damaged including the bead).
As per claim 44, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) is configured to clean the wheel (see page 321, col. 2, second and third pars., particularly handling the tire properly implicitly includes cleans the wheel as well).
As per claim 45, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes one or more of: a tire inflation tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13) that on articulation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) inflates the tire mounted to the wheel, a valve core installation tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13), and a valve stem cap installation tool (see Figs. 1, 2, 5, 6, 9, 10, 12 and 13).
As per claim 46, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes a tire balancer configured to equalize a combined weight (see page 322, section 3.1, for weight) of the tire and the wheel with the tire and the wheel spinning (see pages 322-323, from col. 2, first par. -to- col. 1, first par.) at operating speeds (see page 322, col. 1, first par.).
As per claim 47, Staab et al., teaches wherein tire changing bot (see Fig. 9, title and abs.) is configured for unrestricted traverse on an undeterministic surface of the traverse surface or the floor Filed: Herewith (see Figs. 1, 2 and 13, ground/floor).
As per claim 48, Staab et al., teaches wherein the at least one actuator (see Fig. 7 and page 323, col. 1, third par.) is a robotic articulated arm (see Figs. 2, 5, 6 and 9).
As per claim 49, Staab et al., further comprising at least one vision system (see page 324, section 3.3 and 325, col. 1, first par.) coupled to the controller (see page 323, col. 1, second par. page 324-325, section 3.4, particularly “a joystick control panel...”), the vision system (see page 324, section 3.3 and 325, col. 1, first par.) being configured to identify: a lug pattern of the wheel (see Figs. 1 and 3); and a size of lug bolts or lug nuts coupling the wheel (see Figs. 3 and 4) to the vehicle (see Figs. 1 and 2, for vehicle).
As per claim 50, Staab et al., teaches wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) comprises a lug wrench (see Figs. 4, 5 and 9) configured for both removing and installing lug bolts or lug nuts (see Figs. 1 and 3), and wherein the end effector (see Figs. 2, 5, 6 and 9, for the end effector) includes a wheel assembly grip for removing the wheel (see page 320, second col. first par.), with the tire mounted thereto, from the vehicle (see Figs. 1 and 2, for vehicle) upon actuation of the at least one actuator (see Fig. 7 and page 323, col. 1, third par.).
Claims 28, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Staab et al., (Automatic Tire Changing of Large Mining Vehicles with Industrial Robots, IEEE), further in view of Young et al. (Inter-Vehicle Dynamic Data Management and Communication Design, IEEE).
As per claim 28, Staab et al., further teaches essential feature of the claimed invention comprising at least one vision system (see page 324, section 3.3 and 325, col. 1, first par.) coupled to the controller (see page 323, col. 1, second par. page 324-325, section 3.4, particularly “a joystick control panel...”), the vision system (see page 324, section 3.3 and 325, col. 1, first par.) being configured to one or more of: identify a location and orientation of one or more of the wheel and tire; identify a location and orientation of one or more lug nuts; identify a location and orientation of one or more lug bolts; identify a location and orientation of a valve core; identify a location and orientation of a valve stem; read tire sidewall information of the tire mounted to the wheel to identify tire information with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle); identify a make and model of the vehicle (see Figs. 1 and 2, for vehicle) to effect retrieval of original equipment tire information for the vehicle (see Figs. 1 and 2, for vehicle) from a memory accessible by the controller (see page 323, col. 1, second par. page 324-325, section 3.4, particularly “a joystick control panel...”); inspect the wheel for one or more of damage and corrosion with the wheel mounted in situ on the vehicle (see Figs. 1 and 2, for vehicle); read tire sidewall information of a replacement or new tire to verify the replacement or new tire is a correct size based on one or more of the identified tire information and the original equipment tire information; read tire sidewall information of a replacement or new tire to verify department in association with identifying information of the vehicle (see Figs. 1 and 2, for vehicle); and read tire sidewall information of a replacement or new tire to verify a rotation direction of the replacement or new tire. Howerver, Staab et al., was silent about of transportation codes or information, where the department of transportation codes or information is stored in a database or memory.
Young et al., essential feature of the claimed invention including transportation codes or information (see item 1), where the department of transportation codes or information is stored in a database or memory (see items 1, 5, 595, col. 2, third par. and page 597, col. 2, third par.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the tire changing teachings of Staab et al. with the database as taught by Young et al., (see Young’s et al. “The information is extracted from these data flows, processed and stored in the database” page 595 col. 1, section 2, second par.), thereby improving the autonomous traverse tire changing bot as a whole.
As per claim 39, Staab et al., further teaches essential feature of the claimed invention comprising at least one vision system (see page 324, section 3.3 and 325, col. 1, first par.) coupled to the controller (see page 323, col. 1, second par. page 324-325, section 3.4, particularly “a joystick control panel...”), the vision system (see page 324, section 3.3 and 325, col. 1, first par.) being configured to one or more of: identify a location and orientation of one or more of the wheel and tire; identify a location and orientation of one or more lug nuts; identify a location and orientation of one or more lug bolts; identify a location and orientation of a valve core; identify a location and orientation of a valve stem; read tire sidewall information of the tire mounted to the wheel to identify tire information; identify a make and model of the vehicle (see Figs. 1 and 2, for vehicle) to effect retrieval of original equipment tire information for the vehicle (see Figs. 1 and 2, for vehicle) from a memory accessible by the controller (see page 323, col. 1, second par. page 324-325, section 3.4, particularly “a joystick control panel...”); inspect the wheel for one or more of damage and corrosion (see page 320, col. 2, first par.); read tire sidewall information of a replacement or new tire to verify the replacement or new tire is a correct size based on one or more of the identified tire information and the original equipment tire information (see page 320, col. 2, first par.); read tire sidewall information of a replacement or new tire to verify department (see page 320, col. 2, first par.) in association with identifying information of the vehicle (see Figs. 1 and 2, for vehicle); and read tire sidewall information of a replacement or new tire to verify a rotation direction of the replacement or new tire (see page 320, col. 2, first par.). Howerver, Staab et al., was silent about of transportation codes or information, where the department of transportation codes or information is stored in a database or memory.
Young et al., essential feature of the claimed invention including transportation codes or information (see item 1), where the department of transportation codes or information is stored in a database or memory (see items 1, 5, 595, col. 2, third par. and page 597, col. 2, third par.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the tire changing teachings of Staab et al. with the database as taught by Young et al., (see Young’s et al. “The information is extracted from these data flows, processed and stored in the database” page 595 col. 1, section 2, second par.) thereby improving the autonomous traverse tire changing bot as a whole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MCDIEUNEL MARC whose telephone number is (571) 272-6964. The examiner can normally be reached on Work 9:00 AM to 7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WADE MILES can be reached on (571) 270-7777. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-3976.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
PNG
media_image1.png
275
275
media_image1.png
Greyscale
/McDieunel Marc/
Primary Examiner, Art Unit 3665