DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-14 are 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.
Regarding claims 1, 6, 7, and 14, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Regarding claims 3 and 4, it is unclear if “a change” is a different change from the change recited in line 15 in claim 1 or a different change. For the purpose of examination, the limitations will be interpreted as being the same.
Regarding claim 5, it is unclear if “at least a part of the civil engineering machine” is a different part from the part of the civil engineering machine recited in lines 9-10 in claim 1 or a different part. For the purpose of examination, the limitations will be interpreted as being the same.
Regarding claim 14, it is unclear if the limitations of mobile carrier device, mast/jib arm, civil engineering tool, civil engineering operation, display device, monitor, control unit, schematic representation, a change in position, at least one component of the civil engineering machine, display scale, and a type of representation of the at least schematic representation of the display device are the same or different from those recited in claim 1, from which claim 14 depends. For the purpose of examination, the limitations will be interpreted as being the same.
Claims 2-14 are rejected for depending from a rejected claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-8 and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatori (EP 1 808 533).
With respect to claim 1: Hatori discloses a civil engineering machine (30), in particular drilling rig, having
a mobile carrier device (31, 33),
a mast or jib arm (35, 36) which is arranged on the carrier device (Fig. 1),
a civil engineering tool (40) which is arranged adjustably on the mast or the jib arm in order to carry out a civil engineering operation (¶ [0021-22]; Fig. 1),
at least one display device (63), in particular a monitor, and
a control unit (50; ¶ [0026]) which is configured to control components of the civil engineering machine (¶ [0026-30]) and to detect operating states (¶ [0011-13, 0028-30]) and, depending on detected operating data, to generate an at least schematic representation of at least one part of the civil engineering machine and to display it by means of the at least one display device (¶ [0011-13, 0029-30]), wherein a change in position of the civil engineering tool and/or at least one component of the civil engineering machine is displayed in the at least schematic representation of the display device (¶ [0011-13, 0030-32, 0072]), wherein
the control unit is configured to automatically change a display scale and/or a type of representation of the at least schematic representation of the display device in the event of certain changes in position of the civil engineering tool and/or of at least one component of the civil engineering machine (¶ [0036-37, 0041, 0083]).
With respect to claim 2: Hatori further discloses the type of representation comprises a display perspective and/or a display detail and/or partial displays and/or a partially transparent display (¶ [0036-37, 0041, 0083]]).
With respect to claim 3: Hatori further discloses the control unit is configured that a change in the display scale and/or the type of representation takes place by switching without a transition (¶ [0036-41]; manual adjustments have a transition).
With respect to claim 4: Hatori further discloses the control unit is configured that a change in the display scale and/or the type of representation takes place dynamically with a smooth transition (¶ [0036-41]); automatic adjustments are smooth since they continuously follow).
With respect to claim 5: Hatori further discloses the control unit is configured to display at least a part of the civil engineering machine (100) initially in a first display scale and/or a first display perspective and/or a first display detail and/or a first partial display and to switch or change over to a second display scale and/or a second display perspective and/or a second display detail and/or a second partial display in accordance with a predetermined program control when a specific position or state of the civil engineering tool and/or at least one component of the civil engineering machine is reached (¶ [0031-49]; Figs. 1-9).
With respect to claim 6: Hatori further discloses the control unit is configured to dynamically change the display detail in such a way that the civil engineering tool is always displayed in the center, in particular when the civil engineering tool reaches ground to be worked on (¶ [0036, 0041]; Fig. 26).
With respect to claim 7: Hatori further discloses the control unit is configured that, from a certain working depth, a transition is made from an overall display of the civil engineering machine to at least one partial display, in which parts of the civil engineering machine are omitted, in particular parts of a drill pipe and/or guide rod or a support cable (¶ [0044-47]; Figs. 1-9).
With respect to claim 8: Hatori further discloses the control unit is configured that the civil engineering tool is displayed on an enlarged display scale when the civil engineering tool penetrates the ground and/or reaches a base of a hole in the ground to be worked or shortly before the base is reached (¶ [0036-41]; Figs. 1-9; when the civil engineering tool is at the target where it will penetrate the ground the display scale is enlarged).
With respect to claim 10: Hatori further discloses the control unit is configured that the display scale is reduced when the civil engineering tool is pulled out of the ground (¶ [0036-41]; Figs. 1-9; when the civil engineering tool moves away, which occurs when the tool is pulled out of the ground, the scale is reduced).
With respect to claim 11: Hatori further discloses the control unit is configured that a change in the display perspective from a side view to a plan view of the civil engineering machine and/or vice versa is effected immediately before or when a superstructure, which is mounted rotatably about a vertical pivot axis on an undercarriage of the carrier device, is pivoted (¶ [0041]).
With respect to claim 12: Hatori further discloses the civil engineering machine is configured as a drilling rig, a trench cutter, a gripping device, a pile driver, a vibrator, a grab excavator or a cable excavator (¶ [0021-23]).
With respect to claim 13: Hatori further discloses a switching device is arranged, with which an automatic change of the display scale and/or the type of representation can be activated and deactivated by the control unit (¶ [0034-41]).
With respect to claim 14: Hatori further discloses a method for operating a civil engineering machine (30), in particular according to claim 1 (see rejection of claim 1 above), having
- a mobile carrier device (31, 33),
- a mast or jib arm (35, 36) which is arranged on the carrier device (Fig. 1),
- a civil engineering tool (40) which is arranged adjustably on the mast or the jib arm in order to carry out a civil engineering operation (¶ [0021-22]; Fig. 1),
- at least one display device (63), in particular a monitor, and
- a control unit (50; ¶ [0026]),
- wherein components of the civil engineering machine are controlled and operating states are identified by the control unit (¶ [0011-13, 0026-30]), and
- wherein, depending on detected operating states, a at least schematic representation of at least one part of the civil engineering machine is generated by the control unit and is displayed on the at least one display device (¶ [0011-13, 0029-30]), wherein a change in position of the civil engineering tool and/or of at least one component of the civil engineering machine is displayed in the at least schematic representation of the display device (¶ [0011-13, 0030-32, 0072]), wherein
- a display scale and/or a type of representation of the at least schematic representation of the display device is changed automatically by the control unit immediately before or in the event of certain changes in position of the civil engineering tool and/or of at least one component of the civil engineering machine (¶ [0036—37, 0041, 0083]).
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The art of record does not teach or make obvious the base carrier is displayed on a reduced display scale relative to the civil engineering tool and/or other components of the civil engineering machine in combination with the other claim limitations. The art of record instead discloses the entire device being in the same scale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hatori (US 2008/0091520) discloses the same invention as the prior art used in the above rejection.
Heikkila (US 2013/0332875) discloses displaying a work area for a drilling operation (Figs. 2-4d).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTYN A HALL whose telephone number is (571)272-8384. The examiner can normally be reached M-F 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTYN A HALL/Primary Examiner, Art Unit 3672
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