DETAILED ACTION
Election/Restrictions
Claims 13-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/6/2026. The applicant argues “The restriction is respectfully traversed in order to preserve the issue for subsequent petition since the examination of all of the claims is not believed to create an undue burden on the USPTO and that the subject matter among the groups is not independent and distinct as required by statute. Furthermore, different classifications as recited by the USPTO are not independent adequate grounds for restriction since the USPTO has historically examined applications containing multiple sets of claims.” This argument is not persuasive as the burden, independence and distinctness are laid out in the restriction mailed out on 2/23/2026. The classifications of the inventions are not grounds for restrictions but part of the burden as is required for a restriction.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “a sensor device coupled to a component of the blowing machine”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 17-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 recites “a sensor device coupled to a component” and “a counter that is coupled to the sensor device”, there is no recitation in the originally filed application of the counter being coupled to the sensor device or a component. While the application does indicate in paragraphs [0029] and [0030] that the counter can detect passing material through the blocking of a sensor device this does not indicate that the sensor device is coupled to a counter or component.
Claims 27 and 29 further specific the component but it is also not support in the originally filed application, see claim 17 above.
Claims 18-26, 28, 30-32 depend from claims 17, 27 and 29 above and therefore inherit the deficiencies thereof.
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(s) 17- are rejected under 35 U.S.C. 103 as being unpatentable over Hartzell et al (US 20220314247) in view of Telleria (US 10870996).
Claim 17, Hartzell discloses a hopper (104) adapted to receive loose fill insulation (190);
a shredder box (10) comprising a plurality of members that rotate at a bottom of the hopper, wherein the plurality of members is adapted to break up the loose fill insulation;
a stator bar (312) comprising a plurality of tines, wherein the stator bar is positioned such that at least one of the plurality of members pass between adjacent ones of the plurality of tines;
a counter (38) adapted to determine an amount of loose fill insulation that is used ([0050] to [0057]).
But is silent on a sensor device coupled to a component of the blowing machine and adapted to detect the loose fill insulation;
a counter that is coupled to the sensor device, wherein the counter is adapted to determine, based on the sensor device, an amount of loose fill insulation that is used; and a display system that is coupled to the counter, wherein the display system is adapted to determine, based on the counter, a maintenance operation for the blowing machine.
Telleria teaches a sensor device (326, 346, 366; 324, 364) coupled to a component of the blowing machine and adapted to detect the loose fill insulation (Col 4, lines 13-20);
a counter (322) that is coupled to the sensor device, wherein the counter is adapted to determine, based on the sensor device (Col 4, line 1 to line 43), an amount of loose fill insulation that is used; and a display system that is coupled to the counter, wherein the display system is adapted to determine, based on the counter, a maintenance operation for the blowing machine (100; user interface; Col 23, lines 31-34; Col 24, lines 26-27).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hartzel with counter, sensor, display system as taught by Telleria in order to provide an automated drywalling system.
Claim 18, the modified apparatus of Hartzell teaches wherein the display system (Telleria: Col 11, lines 44 to 62) is adapted to receive information from the counter (Telleria: 322; FIG 3).
Claim 19, the modified apparatus of Hartzell teaches wherein the sensor device (Telleria: 326, 346, 366; 324, 364) is adapted to detect loose fill insulation (Hartzell: 190, Telleria: 420, 650) in a portion of the blowing machine (Hartzell: 100, Telleria: 1250), and wherein the display system is adapted to determine an amount of loose fill insulation used by the blowing machine, based on the sensor device (Col 22, line 61 to Col 23, line 34).
Claim 20, the modified apparatus of Hartzell teaches wherein the counter is adapted to determine an amount of time the blowing machine has been operated (Telleria: Col 23, lines 4 to line 34).
Claim 21, the modified apparatus of Hartzell teaches wherein the display system determines maintenance of the blowing machine that is required based on the amount of time the blowing machine has been operated (Telleria: Col 23, lines 4 to line 34).
Claim 22, the modified apparatus of Hartzell teaches wherein the display system determines a maintenance operation to be performed on the blowing machine based on the maintenance of the blowing machine and the amount of time the blowing machine has been operated (Telleria: Col 23, lines 4 to line 34).
Claim 23, the modified apparatus of Hartzell teaches wherein the maintenance operation is at least one of a part to be replaced, a part to be oiled, a part to be changed (Telleria: Col 23, lines 4 to line 34, Col 24, line 1 to line 10), a temporary disablement of the blowing machine, and prevention of operation of the blowing machine while the maintenance operation is in process (Telleria: Col 20, line 56 to Col 21, line 31).
Claim 24, the modified apparatus of Hartzell teaches wherein the counter is adapted to detect, via the sensor device, an addition of weight to the hopper (Telleria: Col 4, line 31 to line 43).
Claim 25, the modified apparatus of Hartzell teaches wherein the counter receives a signal from the display system that manually advances the counter (Telleria: Col 10, line 37 to Col 11, line 5; col 21, line 32 to line 51; Col 22, line 41 to line 60).
Claim 26, the modified apparatus of Hartzell teaches wherein the signal is generated in response to input received at a graphic user interface of the display system (Telleria: Col 10, line 37 to Col 11, line 5; col 21, line 32 to line 51; Col 22, line 41 to line 60).
Claim 27, the modified apparatus of Hartzell teaches wherein the component of the blowing machine is the hopper (Hartzell: 104) and the sensor device (Telleria: 326, 346, 366; 324, 364) is adapted to detect reception of the loose fill insulation in the hopper.
Claim 28, the modified apparatus of Hartzell teaches wherein the display system (Telleria: Col 22, line 61 to Col 23, line 34) is adapted to display an indication that the loose fill insulation (Hartzell: 190) is received in the hopper (Hartzell: 104).
Claim 29, the modified apparatus of Hartzell teaches wherein the component of the blowing machine is an outlet conduit (Hartzell: 106; Telleria: 1240, 421, 650, 420) and the sensor device (Telleria: 326, 346, 366; 324, 364) is adapted to detect a density of the loose fill insulation that exits the blower machine through the outlet conduit.
Claim 30, the modified apparatus of Hartzell teaches wherein the counter (Hartzell: 38, Telleria: 322) is adapted to determine, based on the sensor device (Telleria: 326, 346, 366; 324, 364), an amount of time the blowing machine has been operated, and an air flow rate from a blower.
Claim 31, the modified apparatus of Hartzell teaches wherein the counter (Hartzell: 38, Telleria: 322) is adapted to determine, based on the amount of time, the air flow rate, and the density, a total amount of loose fill insulation that exits the blowing machine through the outlet conduit during an insulation job (Telleria: 326, 346, 366; 324, 364).
Claim 32, the modified apparatus of Hartzell teaches wherein the display system (Telleria: Col 22, line 61 to Col 23, line 34) is adapted to display a total amount of loose fill insulation that exited the blowing machine through the outlet conduit during a previous insulation job (Telleria: 326, 346, 366; 324, 364).
Response to Arguments
Applicants’ arguments with respect to claim(s) 17-32 have been considered and are addressed in the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 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, Paul Durand can be reached at (571) 272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/ Primary Examiner, Art Unit 3754
