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 .
DETAILED ACTION
This Office Action is in response to the application 18/880,228 filed on 12/30/2024.
Claims 1 – 17 have been examined and are pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/30/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
Claim limitation “drive means”; " communication means”; “processing means”; “power supply means”; “data storage means”; have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a non-structural term “means” coupled with functional language, (in generally, added with “for/ to..” in this case, its not recited); without reciting sufficient structure to achieve the function. Furthermore, the non-structural term is not preceded by a structural modifier. The above "means…." terms coupled with their respective functional language do not infer any significant structures or mechanisms used to perform the cited functional language, and therefore are not recognized as structures.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1 – 3, 5, 6 and 8 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: (Page: 2; The drive means may comprise at least two ropes each running along an end pulley, towards a tension pulley by means of an angle return pulley, the second rope being crossed by means of an intermediate pulley, the two ropes being set in motion by means of a drive roller rotated by a drive means.
Page: 13; The communication means 14 are supplied by the power supply means 13 and connected to each sensor 3a, 3b as well as to the power supply means 13. The connection with the sensors 3a, 3b is a wired or wireless connection, preferably Wi-Fi, Bluetooth.
Page: 12; The processing means 15, such as a processor associated with the memory, are connected to the communication means 14 by a data connection, in particular a CAN data bus, and are electrically powered by the power supply means 13.
Page: 12; The power supply means 13 make it possible to supply power to the drive means 12 and the local battery 3c of the beam 3. This is generally a battery and switching means controlled by the processing means 15 and connected to the drive means 12 directly or by means of a voltage or power regulator.
Page:13; The local data storage means stores the data acquired by the sensors 3a).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 103
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 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 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 1 – 7 are rejected under 35 U.S.C. 103 as being unpatentable over Killburn et al. (US 2019/0114577 A1) in view of Wevers et al. (EP-4322077-A1) and further in view of DÜRAGER et al. (US 20230020727 A1).
Regarding claim 1, Killburn discloses: “system for determining a [[the]] free floor area of a loading zone [[(2)]] [see abstract: Embodiments provide for using a set of sensors installing within a cargo container and on a vehicle to measure, monitor, and manage the cargo and available cargo capacity within the container], the system comprising
drive means [[(12),]] [see para: 0035; a controller];
communication means; [[(14),]] [see para: 0040; a communication device 108]
processing means; [[(15)]] [see para: 0046; The hardware elements may include one or more Central Processing Units (CPUs) 208] and
the processing means [[(15)]] [see para: 0009; The cargo monitoring system can comprise a processor and a memory coupled with and readable by the processor and storing therein a set of instructions which] being configured to determine at least the free floor area of the loading zone [[(2)]] depending on [[the]] a data received from the height sensors [[(3a)]] by means of communication means [[(12)]] [see para: 0037; The sensors can include, for example, volumetric sensors, weight sensors, and others. Volumetric sensors can comprise, for example, cameras, infrared sensors, LiDAR, sonar and/or other applicable sensors which can be used to calculate how much free volume is available in the cargo container. One or more weight sensors can also be used to measure the strain on the rear axle to determine how much additional weight may be added before the vehicle is full. And see para: 0038].
Killburn does not explicitly disclose: “a moving beam [[(3)]] on which height sensors [[(3a)]] are arranged that are directed towards the floor of the loading zone [[(2)]] according to a normal incidence and aligned with one another at a constant height from said floor,
the moving beam [[(3)]], being designed so as to extend in a first direction above the loading zone and being configured so as to move above the loading zone [[(2)]] under the effect of the drive means [[(12)]] in a second direction”.
However, Wevers, from the same or similar field of endeavor teaches: “a moving beam [[(3)]] on which height sensors [[(3a)]] [see para: 0024; Figure 1 shows schematically the method of the invention, in which a trailer 1 is provided. The trailer 1 has a cargo space 2 with a main floor 3, surrounding walls 4 and a ceiling 5. The ceiling 5 is provided with a plurality of distance sensors 6, such as ultrasonic sensors or laser time of flight sensors] are arranged that are directed towards the floor of the loading zone [[(2)]] according to a normal incidence and aligned with one another at a constant height from said floor [see para: 0025; According to the method of the invention, the trailer 1 has been loaded with an amount of goods, which are positioned on pallets 7, 8, 9, 10, 11, 12. [0026] The sensors 6 measure each the distance to the top of the goods on the pallets 7 - 12 and as a result determine the height of the goods],
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify the tracking and optimizing cargo utilization and volume measurement system disclosed by Killburn to add the teachings of Wevers as above, in order to provide a means for improve coordinate assignment, the processing unit computes the free floor area by moving beams which includes height sensors to calculate free area by sending and receiving Lidar data or laser information [Wevers see para: 0024; 0025].
Killburn and Wevers does not explicitly disclose: “the moving beam [[(3)]], being designed so as to extend in a first direction above the loading zone and being configured so as to move above the loading zone [[(2)]] under the effect of the drive means [[(12)]] in a second direction”.
However, DÜRAGER, from the same or similar field of endeavor teaches: “the moving beam [[(3)]] [see Fig. 1a – 4 trolley, 8, 13], being designed so as to extend in a first direction above the loading zone and being configured so as to move above the loading zone [[(2)]] under the effect of the drive means [[(12)]] in a second direction [see para: 0214; The scanning pattern can consist of starting from a position where the trolley is at the first support beam and the platform is at the first supporting box. Then the platform is moved from one supporting box to the other while the trolley is moved at the same time in either the same speed or in a speed different from the one of the platform. Once the platform reaches one supporting box, it changes the direction of its motion and when the trolley reaches one of the support beams it changes its direction of motion. The motion is stopped once the starting position is reached, in which case the platform is moved to a position which was not already measured and the movement is continued until the inspection surface is covered with the desired spatial resolution. And see para: 0216; In one embodiment, the dataset is checked for consistency and completeness and if inconsistent or incomplete data is found, by moving the wheels and the platform, the sensors of the trolley are moved to the respective location and the measurements are repeated],
Therefore, It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system by Killburn to add the teachings of Wevers as above, to further incorporate the teachings of DÜRAGER to provide a means for improve coordinate assignment, the processing unit computes the free floor area by moving beam in horizontal direction above the loading zone [Durager see para: 0214].
Regarding claim 2, Killburn, Wevers and DÜRAGER disclose all the limitation of claim 1 and are analyzed as previously discussed with respect to that claim.
Killburn and Wevers does not explicitly disclose: “wherein the moving beam [[(3)]] is provided with at least one depth sensor [[(3b)]], powered by [[the]] a power supply means [[(13)]], and configured to determine [[the]] a distance on the opposite side of the loading zone, the communication means [[(14)]] comprise a connection to each depth sensor [[(3b)]]”.
However, DÜRAGER, from the same or similar field of endeavor teaches: “wherein the moving beam [[(3)]] [see Fig. 1a – 4 trolley, 8, 13] is provided with at least one depth sensor [[(3b)]] [see para: 0135; In one embodiment, the depth sensor is mounted to the sensor mounting], powered by [[the]] a power supply means [[(13)]] [see para: 0282; For supplying the main system 7 with electrical power an energy storage 9, preferably a rechargeable electrical power supply, is integrated in the supporting box 42], and configured to determine [[the]] a distance on the opposite side of the loading zone, the communication means [[(14)]] comprise a connection to each depth sensor [[(3b)]] [see para: 0134; Dents are surface structures and therefore they can be inspected by measuring the distance between the platform and the inspection surface at many positions. Thereby the inspection surface is scanned. Such a scan can be done by moving the platform along the bridge and by moving the trolley along the rails. Thereby, essentially the whole region between the supporting bars and the rails can be scanned and inspected].
Therefore, It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system by Killburn to add the teachings of Wevers as above, to further incorporate the teachings of DÜRAGER to provide distance information of the opposite side of the loading zone, the controller moves the horizontal sensor beam over the loading zone while taking downward height readings at a constant height above the floor using depth sensor which is connected to the power supply and transmit to the specific location for further processing [Durager see Fig. 1a – 4; para: 0282; 0134]
Regarding claim 3, Killburn, Wevers and DÜRAGER disclose all the limitation of claim 2 and are analyzed as previously discussed with respect to that claim.
Furthermore, Killburn discloses: “wherein the communication means [[(14)]] comprise a wireless connection with a local data storage means arranged on the moving beam and connected to the height sensors [[(3a)]] and, when present, to the depth sensor[[s]] [[(3b)]], so as to transmit data acquired by the sensors when the moving beam [[(3)]] has completed scanning the loading zone [[(2)]] [see para: 0004; More specifically, embodiments of the present disclosure can utilize a wide area wireless GPS tracker such as cellular or LoRA and a number of different sensors installed within and/or on a cargo container and/or vehicle transporting the container. The sensors can include, for example, volumetric sensors, weight sensors, and others. Volumetric sensors can comprise, for example, cameras, infrared sensors, Lidar, sonar and/or other applicable sensors which can be used to calculate how much free volume is available in the cargo container].
Regarding claim 4, Killburn, Wevers and DÜRAGER disclose all the limitation of claim 3 and are analyzed as previously discussed with respect to that claim.
Furthermore, Killburn discloses: “wherein the height sensors [[(3a)]] and the depth sensor[[s]] [[(3b)]] are small aperture angle distance sensors[see para: 0004; The sensors can include, for example, volumetric sensors, weight sensors, and others. Volumetric sensors can comprise, for example, cameras, infrared sensors, Lidar, sonar and/or other applicable sensors which can be used to calculate how much free volume is available in the cargo container].
Regarding claims 5, “wherein the drive means comprise at least [[two]] first and second ropes (5a, Sb) each running along an end pulley (6a, 6b), towards a tension pulley (Sa, Sb) by means of an angle return pulley (7a, 7b), the second rope [[(5b)]] being crossed by means of an intermediate pulley [[(10)]], the first and second [[two]] ropes being set in motion by means of a drive roller [[(11)]] driven by a rotation by a drive means [[(12)]]” is only a matter of design choice because it only requires specific types of equipment or component which common in the art or common knowledge such ropes for pulleys for driving pulleys or roller component control by the controller.
Regarding claims 6, “provided with power supply means [[(13)]] comprising a battery supplying power to the drive means [[(12)]], the communication means [[(14)]] and the processing means [[(15)]], a local battery [[(3c)]] arranged on the moving beam [[(3)]] and a contactless power transmission system configured to recharge the local battery [[(3c)]] of the moving beam [[(3)]], the local battery [[(3c)]] being configured to supply power to the height sensors [[(3a)]] and depth sensors [[(3b)]] when the determination system is provided with the local battery[[it]]” is only a matter of design choice because it only requires specific types of equipment or component which is common in the art or common knowledge such as local battery, contactless power transmission system to recharge battery so that these equipment could run independently and transmit data whenever needed.
Regarding claim 7, Killburn, Wevers and DÜRAGER disclose all the limitation of claim 3 and are analyzed as previously discussed with respect to that claim.
Furthermore, Killburn discloses: “wherein the loading zone [[(2)]] is located in a truck, in a truck bed, in a truck trailer, in a ship, in a railway car, in an aircraft, or in a building [see para: 0052; FIG. 3 is a block diagram illustrating components of an exemplary system for measuring cargo capacity and monitoring cargo within a cargo container according to one embodiment of the present disclosure. Illustrated in this example is a cargo container 300 such as an intermodal cargo container, a rail boxcar, a trailer, a fixed cargo box on a delivery truck, van, or other vehicle, a cargo hold of an aircraft, ship, or boat, or any other container or portion of a vehicle or other conveyance capable of receiving, holding, and transporting goods, livestock and/or other cargo items].
Allowable Subject Matter
Claims 8 – 17 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Baumgartner et al (US 2017/0228885 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Masum Billah whose telephone number is (571)270-0701. The examiner can normally be reached Mon - Friday 9 - 5 PM ET.
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/MASUM BILLAH/Primary Patent Examiner, Art Unit 2486
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