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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the hydraulic cylinder having a first pressure sensor to measure a head pressure and a second pressure sensor to measure a rod end pressure must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 (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 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) 1-6, 9-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeLong et al. (2019/0155315) in view of Jelinek (2022/0403625) and Schlenker et al. (11,913,246).
With regard to claims 1 and 14, DeLong discloses a method/work machine (10) comprising: a frame (38); a milling drum (42) connected to the frame; a traction device (40) including an actuator (46) configured to controllably raise and lower the frame relative to a work surface (para 0019).
DeLong suggests a pressure sensor (para 0026) however fails to discloses a pressure sensor operatively connected to and configured to measure a pressure of the actuator; and a controller communicatively connected to the pressure sensor and configured to receive information from the pressure sensor indicative of the pressure of the actuator; and control a rate at which the milling drum descends into the work surface based on the pressure.
Jelinek discloses a work machine (10) with a milling drum (150) comprising a pressure sensor operatively connected to and configured to measure a pressure of an actuator (e.g. paras 0031, 0033, 0039, 0041, 0055-0060, 0095-0096); and a controller communicatively connected to the pressure sensor and configured to receive information from the pressure sensor indicative of the pressure of the actuator; and control a rate at which the milling drum descends into the work surface based on the pressure (e.g. para 0095-0100).
Schlenker further discloses placing pressure sensors (126) on the actuators (18) of the traction devices (16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify DeLong and utilize a pressure sensor to control system as taught in Jelinek and Schlenker, with a reasonable expectation of success, in order to optimize operation of the system and maximize work done by the system such as taught by Jelinek (e.g. para 0002).
With regard to claims 2 and 15 DeLong, as modified, further discloses the controller configured to compare the pressure of the actuator to a threshold pressure; and control the rate at which the milling drum descends into the work surface based on the comparison (e.g. Delong, para 0041; Jelinek, para 0146).
With regard to claims 3 and 16, DeLong, as modified, further discloses the controller determines that the pressure of the actuator is less than the threshold pressure, the controller is configured to reduce the rate at which the milling drum descends into the work surface (e.g. Delong, para 0041; Jelinek, para 0146).
With regard to claim 4, DeLong, as modified, further discloses the controller determines that the pressure of the actuator is greater than the threshold pressure, the controller is configured to increase the rate at which the milling drum descends into the work surface (e.g. Delong, para 0041; Jelinek, para 0146).
With regard to claim 5, DeLong, as modified, further discloses the controller is configured to receive information from the pressure sensor indicative of a plurality of pressures of the actuator at a plurality of times; determine a change in pressure of the actuator based on the plurality of pressures of the actuator at the plurality of times; and control the rate at which the milling drum descends into the work surface based on the change in pressure (e.g. DeLong, para 0043; Jelinek, paras 0054-0055, 0060).
With regard to claim 6, DeLong, as modified, further discloses the controller configured to compare the change in pressure of the actuator to a threshold change in pressure; and control the rate at which the milling drum descends into the work surface based on the comparison (e.g. DeLong, para 0043; Jelinek, paras 0054-0055, 0060).
With regard to claims 9 and 18, DeLong, as modified, further discloses the controller is configured to receive information from the pressure sensor indicative of a plurality of pressures of the actuator at a plurality of times; determine a rate of change in pressure of the actuator based on the plurality of pressures of the actuator at the plurality of times; and control the rate at which the milling drum descends into the work surface based on the rate of change in pressure. (e.g. DeLong, para 0043; Jelinek, paras 0054-0055, 0060).
With regard to claim 10, DeLong, as modified, further discloses the controller configured to compare the rate of change in pressure of the actuator to a threshold rate of change in pressure; and control the rate at which the milling drum descends into the work surface based on the comparison. (e.g. DeLong, para 0043; Jelinek, paras 0054-0055, 0060).
With regard to claims 11 and 19, DeLong, as modified, further discloses the controller configured to control the milling drum to descend into the work surface at a default rate; receive the information from the pressure sensor indicative of the pressure of the actuator; and change the rate at which the milling drum descends into the work surface based on the pressure (e.g. DeLong, para 0043; Jelinek, paras 0054-0055, 0060).
With regard to claim 12, DeLong, as modified, further discloses the default rate at which the milling drum descends into the work surface is based on a depth of cut (DeLong, abstract, paras 0011, 0019).
With regard to claims 13 and 20, DeLong, as modified, further discloses the controller configured to: vary the rate at which the milling drum descends into the work surface; receive the information from the pressure sensor indicative of the pressure of the actuator; and set a constant rate at which the milling drum descends into the work surface based on the pressure (e.g. DeLong, para 0043; Jelinek, paras 0054-0055, 0060).
Claim(s) 7-8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeLong et al. (2019/0155315), Jelinek (2022/0403625) and Schlenker et al. (11,913,246), as applied to claim 1 above, and further in view of Zhang et al. (7,251,935).
With regard to claims 7 and 17, DeLong, as modified, disclose the invention substantially as claimed however is silent regarding the actuator comprises a hydraulic cylinder having a head end and a rod end, wherein the pressure sensor is a first pressure sensor configured to measure a head end pressure and further comprising a second pressure sensor configured to measure a rod end pressure, and wherein the controller is configured to: receive information from the first pressure sensor and the second pressure sensor indicative of the head end pressure and the rod end pressure; calculate a pressure differential of the actuator as equal to the head end pressure minus the rod end pressure control the rate at which the milling drum descends into the work surface based on the pressure differential.
Zhang discloses a work machine wherein an actuator comprises a hydraulic cylinder having a head end and a rod end, wherein the pressure sensor is a first pressure sensor (40) configured to measure a head end pressure and further comprising a second pressure sensor configured to measure a rod end pressure (42), and wherein the controller is configured to receive information from the first pressure sensor and the second pressure sensor indicative of the head end pressure and the rod end pressure; calculate a pressure differential of the actuator as equal to the head end pressure minus the rod end pressure control the rate at which the milling drum descends into the work surface based on the pressure differential (col. 9, line 43 – col. 10, line 41).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify DeLong and utilize a head and rod pressure sensor as taught in Zhang, with a reasonable expectation of success, in order to simplify control of the hydraulic actuator as taught by Zhang (col. 11, lines 40-50).
With regard to claim 8, DeLong, as modified, further discloses the controller determines that the pressure differential of the actuator is greater than the threshold pressure, the controller is configured to reduce the rate at which the milling drum descends into the work surface (e.g. DeLong, paras 0043, 0046, 0050; Zhang, col. 11, lines 40-50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN F FIORELLO whose telephone number is (571)270-7012. The examiner can normally be reached Mon-Fri 8:00AM-4:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN F FIORELLO/Primary Examiner, Art Unit 3678
BF
08/08/2026
