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 .
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.
Claims 1-20 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 1 recites “an outlet port” twice in line 4 and line 7. It is unclear if these are the same outlet ports or different outlet ports. Further line 8 recites “the outlet port” it is unclear which of the multiple outlet ports are being referred to.
Claim 1 recites “a vacuum pump connected to the tank, an inlet port, and an outlet port” it is unclear if the inlet port and outlet ports defined in line 4 of claim 1 are part of the vacuum pump or ports at any location of the vacuum truck.
Claim 1 recites “on first port” in line 5 of claim 1, the lack of an article “a” or “the” makes it unclear if it is referring to a previously defined port or defining a new port.
Claim 1 recites “an engine exhaust line on a second port and a exhaust line on a third port” it is unclear if the second port and third port are porst of the valve or any ports of the vacuum truck.
Claim 2 recites the limitation " the auger motor". There is insufficient antecedent basis for this limitation in the claim. Claim 1 defines a motor connected to the auger, but does not define it as an auger motor.
Claims 4, 7 and 9-10 recites the limitation " the debris". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 and 7 recites “the outlet port” however, multiple outlet ports have been previously defined. It is unclear which outlet port is being referred to.
Claim 6 recites the limitation “the first portion”. There is insufficient antecedent basis for this limitation in the claim. Claim 5 from which claim 6 depends defined a first section not a first portion.
Claim 7 recites the limitation "the vacuum". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites “an inlet port” twice in claim 1 and claim 8. It is unclear if these are the same inlet ports or different inlet ports.
Claims 2-10 are rejected as being dependent on an indefinite claim.
Claim 11 recites the limitation "the engine" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the outlet port" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites “an auger in the tank connected ...on the other end with the outlet port being connected to the exhaust line”. It is unclear if the auger is connected to the exhaust line or the out let port is connected to the exhaust line.
Claim 12 recites the limitation " the auger motor". There is insufficient antecedent basis for this limitation in the claim. Claim 11 defines a motor connected to the auger, but does not define it as an auger motor.
Claim 16 recites the limitation “the first portion”. There is insufficient antecedent basis for this limitation in the claim. Claim 15 from which claim 16 depends defined a first section not a first portion.
Claims 12-20 are rejected as being dependent on an indefinite claim.
Claims 12-20 recite “The vacuum truck of claim 11” however, claim 1 recites “A vacuum truck” whereas claim 11 recites “A method of operating a vacuum truck” as a result it is unclear if claims 12-20 are apparatus claims or method claims. Claims 12-20 are being interpreted as method claims that depend from claim 11.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Mensch US 2007/0245512 (US’512) in view of and Thomas et al. US 2023/0405644 (US’644).
Regarding claim 1, US’512 teaches a vacuum truck (a vacuum truck, abstract) including:
a truck engine (vehicle's engine 24 para. 20, see fig. 6);
a tank positioned at the rear end of the vacuum truck (a storage tank 22, para. 20, see page 6-9);
a vacuum pump connected to the tank (lobe pump of the vacuum source 25, The collected debris and manure are transported primarily by air flow created by the lobe pump. Air flows from the tank 22 through a line 33 to centrifuge separator 34 and through a line 34' to an exit air filter 35 and line 28' to the vacuum pump 25 para. 20-21, see fig. 8-9),
an inlet port, and an outlet port (lobe pump, see para. 20-21, wherein lobe pumps includes an inlet and outlet);
a valve connected to the outlet port of the vacuum pump on first port, an engine exhaust line on a second port and an exhaust line on a thirst port (exhaust from the vehicle's engine 24 is also selectively controlled by a deflector valve 24' (FIG. 9), exit air is fed through a line 36 under the tank 22 to a location in front of the scraper 26, in order to warm the stall and manure material being collected, para. 20-21, see fig. 8-9, as show in fig. 8-9 the valve is connected to the motor, an air exit and line 36 connected to the vacuum pump and tank);
an auger in the tank connected to one end and an outlet port on the other end (The auger 47 extends through a bottom of the tank 22 and extends out to a front outlet/discharge opening 48 under and in front of the cabin 23. The auger 47 is adapted to agitate the slurry of manure to prevent settling when collecting the stall and manure material, and also is adapted to facilitate dumping, para. 20-25, see fig. 8)
with the outlet port being connected to the exhaust line (line 36 is connected to the pump, para. 20-25, see fig. 8-9)
US’512 does not teach the auger connected to a motor.
The modified apparatus of US’512 does not teach the auger connected to a motor
US’644 teaches systems, assemblies, and methods to enhance extraction of pyrophoric materials from a refinery apparatus (abstract). The system includes an auger drive unit 76 which may include a motor or other type of actuator usable to rotate the auger 74 by application of a rotational force (para. 97-118, see fig. 6b-c)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified apparatus of US’512 to include the auger connected to a motor because US’644 teaches it is well known to drive augers with motors and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Regarding claims 2-3, the modified apparatus of US’512 teaches the vacuum truck of claim 1. US’644 further teaches an auger and a vacuum can be powered by an electric motor. the chassis 102 may be self-propelled, for example, including a powertrain having an engine, hydraulic motor, and/or electric motor. Mounting the vacuum and attenuation module 100 on a mobile chassis 102 may facilitate rapid set-up, removal, and/or reconfiguration of the material extraction assembly 10 in accordance with embodiments of the disclosure (para. 118, 130, 173-177).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified apparatus of US’512 to include wherein the auger motor is powered by the truck engine, with regard to claim 2 and wherein the vacuum pump is powered by the truck engine, with regard to claim 3 because US’644 teaches it is well known to drive augers with motors and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Regarding claim 4, the modified apparatus of US’512 teaches the vacuum truck of claim 1. US’512 further teaches wherein the auger is positioned below the debris in the tank (the auger is located at the bottom of the tank, see fig. 8).
Regarding claim 5, the modified apparatus of US’512 teaches the vacuum truck of claim 1. The modified apparatus of US’512 further teaches wherein the auger includes a first section connected to the outlet port and a second portion connected to the motor (see fig. 6b of US’644).
Regarding claim 7, the modified apparatus of US’512 teaches the vacuum truck of claim 1. US’512 further teaches wherein the auger pushes the debris through the outlet port without compromising the vacuum on side the tank (The auger 47 is adapted to agitate the slurry of manure to prevent settling when collecting the stall and manure material, and also is adapted to facilitate dumping, para. 25).
Regarding claim 8, the modified apparatus of US’512 teaches the vacuum truck of claim 1. US’512 further teaches including an inlet port that delivers debris to the tank (suction line 28, para. 20-21, see fig. 8).
Regarding claim 9-10, the modified apparatus of US’512 teaches the vacuum truck of claim 8. US’512 further teaches wherein the debris is solid, with regard to claim 9 and wherein the debris is liquid, with regard to claim 10 (the material vacuumed is slurry of manure which includes solid and liquid, para. 25 of US’512 and para. 2-3 of US’259).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over US’512 in view of and US’644 as applied to claim 5 above, and further in view of CA 2087124 (CA’124) (machine translation provided used for citation).
Regarding claim 6, the modified apparatus of US’512 teaches the vacuum truck of claim 5.
The modified apparatus of US’512 does not teach wherein the blades on the first portion are shorted than the blades in the second portion.
CA’124 teaches a manure spreader device and method of distributing any of a variety of manure materials having varying consistencies are provided (abstract). the device includes dual, side~by-side augers positioned within and at the bottom of a manure spreader bin having a wide-mouth overall configuration, with the augers being positioned for moving the manure generally forwardly within the bottom portion of the open-mouth orientation. Each auger has at least two distinct profiles. A portion of the auger, typically running for the greater portion of the length of the auger, exhibits a profile for moving the manure generally longitudinally. Another auger profile is provided at an outfeed location, this outfeed auger profile having a shaft with a cross-sectional size less than that of the other profile of the auger. The outfeed auger profile has a slippage characteristic whereby its movement of manure will be retarded automatically when the manure beings to back up at the beater mechanism downstream of the outfeed location. Improved interaction with the outfeed structures is achieved by having the beater mechanism include beater blades mounted along one or more generally vertical shafts. This combination provides an elongated dual auger arrangement that substantially uniformly moves various types of manure materials (page 5-6, 9 and 15-16, see fig. 3-4). Therefore, one of ordinary skill in the art would know to include the dule auger of CA’124 where the blades on the first portion are shorted than the blades in the second portion to substantially uniformly moves various types of manure materials and improve the manure discharge process
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified apparatus of US’512 to include the blades on the first portion are shorted than the blades in the second portion because CA’124 teaches it substantially uniformly moves various types of manure materials and improve the manure discharge process and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Claim(s) 11-15 and 17-20 rejected under 35 U.S.C. 103 as being unpatentable over Mensch US 2007/0245512 (US’512) in view of Nuhn US2011/0023259 (US’259) and Thomas et al. US 2023/0405644 (US’644).
Regarding claim 11, US’512 teaches a method of operating a vacuum truck ( vacuum trucks adapted for vacuum collection of stall and manure material, abstract and para. 1), the method including the steps of:
creating a vacuum in a tank positioned at the rear end of the vacuum truck via a vacuum pump (lobe pump of the vacuum source 25, The collected debris and manure are transported primarily by air flow created by the lobe pump. Air flows from the tank 22 through a line 33 to centrifuge separator 34 and through a line 34' to an exit air filter 35 and line 28' to the vacuum pump 25 para. 20-21, see fig. 5-9);
diverting exhaust from the engine through an exhaust line via a valve (exhaust from the vehicle's engine 24 is also selectively controlled by a deflector valve 24' (FIG. 9), exit air is fed through a line 36 under the tank 22 to a location in front of the scraper 26, in order to warm the stall and manure material being collected, para. 20-21, see fig. 8-9);
moving debris through a tank outlet via an auger in the tank connected to the tank outlet on the other end (the auger 47 extends through a bottom of the tank 22 and extends out to a front outlet/discharge opening 48 under and in front of the cabin 23. The auger 47 is adapted to agitate the slurry of manure to prevent settling when collecting the stall and manure material, and also is adapted to facilitate dumping, para. 20-25, see fig. 8)
with the outlet port being connected to the exhaust line (line 36 is connected to the pump, para. 20-25, see fig. 8-9).
The modified apparatus of US’512 does not teach the auger connected to a motor and the valve is a pressure valve.
US’259 teaches the apparatus comprises a vacuum tank with a front-mounted collection means thereunder (abstract). Air exiting the secondary trap 21 is provided to the blower vac 7 through first blower vac conduit 24 and exits therefrom through second blower vac conduit 26. The air is provided to a valve means comprising a valve chamber 50 and pressurizes the valve chamber, causing the second closure means 60 to open and allowing the air to exit through the anterior end of blower vac exhaust 52. The pressurized air escapes through blower vac exhaust 52. The blower vac exhaust 52 is downwardly oriented from the valve chamber 50 and is routed along the underside of the frame 2. An opening at the anterior end of the blower vac exhaust 52 directs the foul-smelling air drawn from the vacuum tank 1 downwardly and away from the operator of the apparatus, who is located in the towing vehicle attached to the front hitch means 3. This improves the overall health and safety of the operator. A second closure means 60 is pivotally attached to the anterior end of the blower vac exhaust 52 (para. 33-44, see fig.5a-b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of US’512 to include a pressure valve because US’529 teaches it is known to use pressurize valves for directing exhaust gases which can prevent an exhaust line valve from allowing pressurized foul-smelling air from reaching the operator of the apparatus and simple substitution of one known element for another to obtain predictable results is obvious, see MPEP 2141 III (B).
US’644 teaches systems, assemblies, and methods to enhance extraction of pyrophoric materials from a refinery apparatus (abstract). The system includes an auger drive unit 76 which may include a motor or other type of actuator usable to rotate the auger 74 by application of a rotational force (para. 97-118, see fig. 6b-c)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified apparatus of US’512 to include the auger connected to a motor because US’644 teaches it is well known to drive augers with motors and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Regarding claims 12-13, US’512 teaches the method of operating a vacuum truck of claim 11. US’644 further teaches an auger and a vacuum can be powered by an electric motor. the chassis 102 may be self-propelled, for example, including a powertrain having an engine, hydraulic motor, and/or electric motor. Mounting the vacuum and attenuation module 100 on a mobile chassis 102 may facilitate rapid set-up, removal, and/or reconfiguration of the material extraction assembly 10 in accordance with embodiments of the disclosure (para. 118, 130, 173-177).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified apparatus of US’512 to include wherein the auger motor is powered by the truck engine, with regard to claim 2 and wherein the vacuum pump is powered by the truck engine, with regard to claim 3 because US’644 teaches it is well known to drive augers with motors and combining prior art elements according to known methods to yield predictable results is obvious, see MPEP 2141 III (A).
Regarding claim 14, US’512 teaches the method of operating a vacuum truck of claim 11. US’512 further teaches wherein the auger is positioned below the debris in the tank (the auger is located at the bottom of the tank, see fig. 8).
Regarding claim 15, US’512 teaches the method of operating a vacuum truck of claim 11. Modified US’512 further teaches wherein the auger includes a first section connected to the outlet port and a second portion connected to the motor (see fig. 6b of US’644).
Regarding claim 17, US’512 teaches the method of operating a vacuum truck of claim 11. US’512 further teaches wherein the auger pushes the debris through the outlet port without compromising the vacuum on side the tank (the auger 47 is adapted to agitate the slurry of manure to prevent settling when collecting the stall and manure material, and also is adapted to facilitate dumping, para. 25).
Regarding claim 18, US’512 teaches the method of operating a vacuum truck of claim 11. US’512 further teaches including an inlet port that delivers debris to the tank (suction line 28, para. 20-21, see fig. 8).
Regarding claim 19-20, US’512 teaches the method of operating a vacuum truck of claim 18. US’512 further teaches wherein the debris is solid, with regard to claim 9 and wherein the debris is liquid, with regard to claim 10 (the material vacuumed is slurry of manure which includes solid and liquid, para. 25 of US’512 and para. 2-3 of US’259).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over US’512 in view of US’259 and US’644 as applied to claim 15 above, and further in view of CA 2087124 (CA’124) (machine translation provided used for citation).
Regarding claim 16, the modified method of US’512 teaches the method of operating a vacuum truck of claim 15.
The modified method of US’512 does not teach wherein the blades on the first portion are shorted than the blades in the second portion.
CA’124 teaches a manure spreader device and method of distributing any of a variety of manure materials having varying consistencies are provided (abstract). the device includes dual, side-by-side augers positioned within and at the bottom of a manure spreader bin having a wide-mouth overall configuration, with the augers being positioned for moving the manure generally forwardly within the bottom portion of the open-mouth orientation. Each auger has at least two distinct profiles. A portion of the auger, typically running for the greater portion of the length of the auger, exhibits a profile for moving the manure generally longitudinally. Another auger profile is provided at an outfeed location, this outfeed auger profile having a shaft with a cross-sectional size less than that of the other profile of the auger. The outfeed auger profile has a slippage characteristic whereby its movement of manure will be retarded automatically when the manure beings to back up at the beater mechanism downstream of the outfeed location. Improved interaction with the outfeed structures is achieved by having the beater mechanism include beater blades mounted along one or more generally vertical shafts. This combination provides an elongated dual auger arrangement that substantially uniformly moves various types of manure materials (page 5-6, 9 and 15-16, see fig. 3-4). Therefore, one of ordinary skill in the art would know to include the dule auger of CA’124 where the blades on the first portion are shorted than the blades in the second portion to substantially uniformly moves various types of manure materials and improve the manure discharge process
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified method of US’512 to include the blades on the first portion are shorted than the blades in the second portion because CA’124 teaches it substantially uniformly moves various types of manure materials and improve the manure discharge process and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713
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