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 § 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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Diederik et al. (NL 2015191 B1).
Regarding claim 1, Diederik discloses a milling depth control system for a roar or surface milling machine (1) configured to mill a stratified surface (4), wherein the milling machine (1) comprises a milling tool (5) that is vertically adjustable relative to the milling machine (1) and configured to mill the stratified surface (4) to a settable milling depth, wherein the milling depth control system comprises a layer measuring sensor (8) configured to be mounted on the milling machine (1) in front of the milling tool (5) in the forward direction of travel of the milling machine (1), wherein the layer measuring sensor (8) is configured to provide measurement data for identifying different surface layers of the stratified surface (4) and for determining thicknesses of the different surface layers (see particularly page 6, lines 14-16), and a data processing unit (10) having a communication interface for providing connection to a control unit (12) of the milling machine (1), wherein the data processing unit (10) is configured to receive measurement data of the layer measuring sensor (8) obtained during a currently running milling process of the milling machine, to carry out a layer analysis of the stratified surface (4) based on the measurement data to provide a planned final milling depth for an associated surface location captured by the measurement data, and to provide the control unit (12) a control signal for setting a milling depth of the currently running milling process, wherein the control signal provides for setting the planned final milling depth for the associated surface location (see page 6, lines 2-4 and lines 23-26).
Regarding claim 2-4 and 7, Diederik further discloses the data processing unit is configured to provide the planned final milling depth with respect to a target interface between two different surface layers of the stratified surface; the final milling depth is provided such that a deepest point within the stratified surface reached by milling with the final milling depth at the associated surface location lies above or below the target interface and is further away from the target interface than a defined tolerance distance; the layer measuring sensor is configured that the measurement data provide for identifying differences in material type of the different surface layers, wherein the target interface is an interface between two surface layers of different material type; and the milling depth control system provides for a user input functionality configured to provide for user selection of the target interface out of the multiple interfaces (see page 6, lines 2 to 4 and figure 1).
Regarding claims 5 and 6, Diederik further discloses the interface between two layers of different material type delimits an adjacent lower layer of concrete from an adjacent upper layer of a material other than concrete the target interface is a settable interface out of multiple interfaces between different surface layers of the stratified surface (the GPR-unit known from D1 is also suitable for determining several layers. It is therefore obvious for a skilled person to in fact determine several layers with the unit known from D1 according to circumstances).
Regarding claim 8, Diederik further discloses the target interface is an interface between a top layer of the stratified surface and its immediate underlying layer of the same material type as the top layer or its nearest underlying layer of a different material type than the top layer (see first paragraph on page 3: "ground penetrating radar").
Regarding claims 9-11, Diederik further discloses the layer measuring sensor is based on ground penetrating radar technology; the data processing unit comprises: a data accumulator part, configured to reference the measurement data with positional information of the milling machine provided by the control unit of the milling machine, wherein the positional information is provided by position and velocity data of the milling machine, thereby providing for the planned final milling depth being referenced with the positional information of the milling machine, a map updater part, configured to generate or update a milling depth map with the planned final milling depth, wherein the milling depth map comprises planned final milling depths for different locations of the milling machine, and an action executor part, configured to compare a currently used milling depth with a planned final milling depth provided for a current position of the milling machine within the milling depth map, and to send a control command to the control unit of the milling machine for commanding a lifting or lowering of the milling tool; and the data processing unit is configured that the data accumulator part and the action executor part are each in separate communicative connection with the control unit of the milling machine (well-known data processing steps which the skilled person would apply according to circumstances, in particular as the advantages thus achieved can be readily contemplated in advance).
Regarding claim 9, Diederik further discloses the layer measuring sensor is based on ground penetrating radar technology (8; Embodiments of the Invention).
Regarding claims 12-16, Diederik further discloses the data processing unit comprises an intermediate control unit configured to communicate with the data accumulator part, the action executor part, and the control unit of the milling machine, and to provide for data exchange between the data accumulator part and the control unit, and the action executor part and the control unit, respectively; the milling machine comprises a milling tool that is vertically adjustable relative to the milling machine and configured to mill the stratified surface to a settable milling depth, wherein the milling machine comprises a milling depth control system; and a milling tool that is vertically adjustable relative to the milling machine and configured to mill the stratified surface to a settable milling depth, wherein the milling machine comprises a milling depth control system (see first paragraph on page 1 and figure 1).
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) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Diederik et al. (NL 2015191 B1) alone.
Regarding claims 10-11, Diederik further discloses the use of a GPR unit (8), CPU unit (10), and control unit (12) that can be used for a mapping system (Embodiments of the Invention). Although Diederik is silent as to the steps of the operation of these components, it would have been obvious to one of ordinary skill in the art utilizing this well-known technology that it would function according to the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Berning (US 2023/0313471), Schlenker (US 20160326701) and Payne (CA 3072928 A1) disclose milling machines and control systems therefore to measure and mitigate milling depth.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A ARMSTRONG whose telephone number is (571)270-1184. The examiner can normally be reached M-F ~10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571) 270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE ARMSTRONG, P.E.
Primary Examiner
Art Unit 3678
/KYLE ARMSTRONG/ Primary Examiner, Art Unit 3619
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