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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 02/27/2024. It is noted, however, that applicant has not filed a certified copy of the DE10 2024 105 417.4 application as required by 37 CFR 1.55.
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 ground compaction device; the tamping foot; the unbalanced exciter; and ground contacting plate 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 § 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.
Claim 5 is 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.
Claim 5 recites the limitation "the voltage measuring device" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-3 and 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steffen (2015/0167259).
With regard to claim 1, Steffen discloses a ground compaction device (abstract; fig. 1), comprising: a working device (1) for generating a working movement for ground compaction (abstract); an electric drive (3) for driving the working device; an electrical energy storage (6) for providing electrical energy for the electric drive (para 0035); and a converting apparatus (para 0021; “transformer”) for converting a direct current voltage that can be drawn from the energy storage into an alternating current voltage for the electric drive (para 0054); wherein the converting apparatus is designed to provide the alternating current voltage at a predetermined control frequency when the direct current voltage drawn from the energy storage is at a direct current voltage value above a predetermined threshold voltage value (paras 0037-0038); and to provide the alternating current voltage at a reduced frequency that is lower than the control frequency when the direct current voltage drawn from the energy storage has a direct current voltage value equal to or below the threshold voltage value (paras 0037-0038, 0042-0043).
With regard to claim 2, Steffen further discloses the converting apparatus is designed to reduce the frequency of the alternating current voltage in accordance with a predetermined rule when the direct current voltage falls below the threshold voltage value (paras 0037-0038).
With regard to claim 3, Steffen further discloses the converting apparatus is designed to gradually reduce the frequency of the alternating current voltage when the direct current voltage falls below the threshold voltage value (paras 0037-0038).
With regard to claim 6, Steffen further discloses the converting apparatus and the energy storage are integrated in one structural unit (fig. 1).
With regard to claim 7, Steffen further discloses the ground compaction device is a tamper (1); the working movement is a tamping movement (abstract); a tamping foot is provided for compacting a ground (13); and the working device has a tamping device for generating the tamping movement of the tamping foot (para 0055).
With regard to claim 8, Steffen further discloses the ground compaction device is a vibrating plate (para 0002); the working movement is a vibrating movement (para 0005); a ground contact plate (13) is provided; the working device has an unbalance exciter for generating the vibrating movement for ground compaction (para 0046); and the vibrating movement is transmitted to the ground contact plate (para 0014).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffen (2015/0167259) in view of Myers et al. (2020/0169088).
With regard to claims 4-5, Steffen discloses the invention substantially as claimed however is silent regarding a voltage measuring device is provided for measuring the direct current voltage drawn from the energy storage and the direct current voltage measured by the voltage measuring device can be used as a signal for adjusting the frequency through the converting apparatus.
Myers discloses a system with a voltage measuring device is provided for measuring the direct current voltage drawn from the energy storage (para 0032) and the direct current voltage measured by the voltage measuring device can be used as a signal for adjusting the frequency through the converting apparatus (via variable frequency drives “VFD”; paras 0011, 0018-0019, 0040, 0044).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Steffen and utilize sensors to adjust frequency as taught in Myers with a reasonable expectation of success in order to save energy based on the demands of the system.
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.
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, 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
06/08/2026
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